Occupational Therapist Malpractice

A wide range of individuals, including people with disabilities, children with developmental delays, and individuals recovering from injuries, can benefit from treatment with an occupational therapist. The goal of occupational therapy is to enhance a person's capacity to function effectively in their everyday life, but occupational therapist errors and oversights can cause setbacks and additional harm. If you sustained injuries in occupational therapy, you may be able to pursue occupational therapist malpractice claims, and it is prudent to meet with an attorney as soon as possible. The assertive Baltimore medical malpractice lawyers of Arfaa Law Group dedicate their practice to helping people harmed by incompetent healthcare providers in the pursuit of damages, and if you engage our services, we will diligently pursue the best legal result possible in your case.

Occupational therapists work with people who have physical or cognitive detriments to help them improve their ability to perform daily activities and achieve a higher level of independence and quality of life. Typically, occupational therapists conduct assessments to identify a patient's strengths and limitations, develop personalized treatment plans, and provide interventions that may include exercises, adaptive equipment, environmental modifications, and skill-building techniques.

Mistakes in the occupational therapy setting can cause patients significant harm and, in many instances, constitute malpractice. For example, if a therapist fails to assess a patient's needs accurately or provides inappropriate or ineffective treatment, the patient’s condition can worsen, and new injuries can arise. Similarly, if an occupational therapist neglects to monitor a patient’s progress or fails to obtain informed consent for interventions, it can cause physical harm and emotional distress, and can lead to prolonged recovery periods.

Occupational therapist malpractice can have long-lasting consequences, impacting a patient's ability to engage in daily activities and achieve the desired level of independence and well-being. As such, people harmed by such malpractice will often seek compensation via civil lawsuits.

Generally, a plaintiff in a medical malpractice lawsuit will contend the defendant was negligent. Under Maryland law, there are four elements to negligence, and a plaintiff must prove each element in order to establish liability. The first two elements are a duty and a breach. Duty is the defendant’s obligation to provide the plaintiff with treatment in line with the applicable standard of care, which is the treatment that a competent occupational therapist would offer in the same situation. Breach is any omission or action that is considered a deviation from the standard of care.

The third element, damages, is the harm suffered by the plaintiff, while the fourth element, causation, links the defendant’s breach to the plaintiff’s harm. In other words, causation is evidence that the plaintiff’s losses would not have occurred absent the defendant’s departure from the standard of care.

In all but the clearest of cases, the plaintiff will need to hire a medical expert to explain the standard of care to the judge or jury, offer an opinion regarding how the defendant failed to uphold the standard of care and link the defendant’s behavior to the plaintiff’s harm.

A plaintiff that proves a defendant’s negligence may be awarded a variety of damages. For example, they may be granted compensation for their economic losses, such as the cost of medical care, lost wages, and costs paid out-of-pocket. They may also be able to recover damages for their non-economic harm, which includes emotional and mental distress, suffering, and pain.

Occupational therapist malpractice can cause a decline in a patient’s functional abilities, increased pain and discomfort, and reduced quality of life, and therapists who recklessly cause patients harm should be held accountable. If you were hurt by the carelessness of an occupational therapist, it is advisable to meet with an attorney to discuss your possible claims. The experienced Baltimore lawyers at Arfaa Law Group can advise you of your options and aid you in seeking any compensation available. We often represent parties in medical malpractice cases in Baltimore, where our office is located. You can contact us via our online form or at (410) 889-1850 to arrange a consultation.