Can You Hold a Doctor Liable for Prescribing Physical Therapy if You're Injured

**MCT32726** · 01-08-2012, 09:42 AM

My question involves medical malpractice in the state of: Florida

I have had Arthroscopy surgery of right elbow about a month ago. My chief complaint was severe pain due to Osteoarthritis and unable to extend arm completely. I had a previous injury where I broke my arm,(didn't know) and the arm didn't heal correctly. Post-operation, Dr states " that I need to go to PT asap to get the arm straightened". I advised him that I don't think the arm is going to be straightened because I don't think the entire problem was assessed. Dr. stated " we removed loose bodies and cleaned up the elbow". Prior to the surgery, Dr recieved x-rays and mri which clearly shows the entire elbow. I am in Physical therapy now, and after just 1 day, my arm is killing me due to exercises performed. My question is if I injure this arm(to the point of fracture)is anyone held liable? The Pt had a prescription from the Dr, and is aware of the surgery performed. My personal opinion is I think the Dr intentionally neglected to fix the entire problem in order to have a 2nd surgery which will in turn get him more money.Any information will be greatly appreciated.

jk · 01-08-2012, 10:07 AM

if you do not wish to do the PT, don't do it but don't blame the doc when you do not regain use of your arm. PT is almost always painful. You are making your body do things it doesn't want to do.

What you need to do is discuss the extremely overwhelming and disabling pain since your PT session, to your PT therapist. They may reduce the agressiveness of the activities in order to work you up to the intended actions.

Was the unknown break within the elbow? If not, how do you believe it complicates the issue?

**MCT32726** · 01-22-2012, 08:41 AM

Thanks for replying. Well, the previous injury was within the elbow area. I can tell as I'm doing some of the activities, that the arm isn't going to go straight regardless of the therapy. I was told by a previous doctor that when surgery is permormed, that it must be realligned in the correct place. This was not done with this recent surgery. They think the may have fixed the problem when in actual reality they didn't. However, they want me to continue the physical therapy when they haven't gotten to the "root" problem. They won't consider another surgery until I have some extensive pt hrs under my belt.