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Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 70 year old sister has had falls in the recent past. She

Customer Question

My 70 year old sister has had falls in the recent past. She also has a lot of weakness. When hospitalized in March 2015, she was transfered to a local nursing home rehab program. While there, she experienced excruciating pain because of the way she was
physically handled by staff. Without waiting for xray results, the doctor ordered her physical therapy to begin ASAP. She went through weeks of rehab while constantly in pain. When the xrays were read, it showed a broken L5. Does she have any malpractice recourse?
I'm not sure if the physical therapy exacerbated the injury. But, how about all her pain and suffering? Thanks Sue West
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Roger replied 2 years ago.
Hi Sue - my name is ***** ***** I'm a litigation attorney licensed in Tennessee. Thanks for your question. I'll be glad to assist.
It is certainly possible that your sister has a claim for medical negligence or medical malpractice due to the treatment received by the medical providers. Basically, she would have to show that the treatment she received fell below the applicable standard of care - - which is what a reasonably prudent medical provider would have done in the same situation.
In this case, with a patient who complains of pain, weakness, etc., and the medical providers don't take action to determine the source of the pain in a reasonably quick fashion, it could be that their actions fell below that standard.
The best thing she can do is get her medical records together and see a local PI attorney to review her case and records. The attorney will then consult an expert witness (usually a nurse or a doctor) who will review the records and give an opinion as to whether or not there is a viable cause of action based on the facts as rendered in the medical records.
Thus, she should consider seeing a lawyer asap as the statute of limitations for medical malpractice actions are short - - one year in Tennessee - - so she has to act fast to keep her rights in tact.