Legal Question in Personal Injury in New York
Do I have a suit and what are the time parameters?
About a year and a half ago I was being treated for a back injury at a local Physical therapist. My reagular theraphist was on vacation when another took over for him.
She would bend my legs back until my calf touched my thigh then hold it there for awhile. This hurt my knees very much at the time but thought it was part of the thearpy. When my theraphist came back I informed him of this and he started Icing down my knees before each back thearpy. I thought they would get better but they didn't. I went for an MRI about 5 months ago that showed I have a torn miniscus in one knee and some injury to the other. I am find it harder and harder to walk and do my job. I am a HVAC Tech. I do a lot of work Squating and I can't do that anymore. I have to sit to do it. Do I have a case?
2 Answers from Attorneys
Re: Do I have a suit and what are the time parameters?
You have my sympathies for this difficult and painful situation. The bending should not have been so radical and should have graduallly built up to the full extensin that you describe. Some less experienced massage therapists do not understand the limitations of their patients. They think everyone stretches and works out for hours each day, just as they do!
First, you have a workers compensation claim because the injury has been intensified by your work requirements. The workers comp claim will pay for your surgery to repair the knee, if that id possible. It will also pay you a stipend if you are incapacitated for an extended period of time.
These are 'temporary measures'. Yor clearly do have a lawsuit for medical or other negligence. The statute of limitations is an issue at this date, but you are still well within its purview. However, contact your attorney soon and begin the action.
You are welcome to a consultation at no fee at my offices at 42 west 44 st, ny,ny. please call for an appointment first - 646-591-5786.
Re: Do I have a suit and what are the time parameters?
It sounds like you have a suit. I am assuming that you did not have knee pain before the PT did what you described. A doctor - preferably your treating physician - would have to say that what the PT did was a proximate cause of your injuries. A review of the MRI film may provide some clue regarding how old the tear is.
The statute of limitations is 2 1/2 years for medical malpractice and 3 years for negligence. I don't know enough of the facts to know which applies. For example, was the PT taking place at a doctor's office? It is always safer to assume a shorter statute of limitations so you don't run into problems later.
If you want to discuss this case further, please feel free to call me at (212) 622-7180. Although my office is closed for the Memorial Day weekend, I check messages frequently. My office handles these cases on a contingency basis. In addition, it would not be a problem if you happen to be outside of NYC.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
