Physiotherapy Negligence Claims

When physiotherapy is performed at a substandard level, it can lead to a number of physical problems, ranging from new injuries to a worsening of the original condition for which the patient sought therapy in the first place. If you have suffered as a result of negligence by a physiotherapist, JMW Solicitors can help you to make a physiotherapy compensation claim.

Our expert team has the experience and knowledge required to help you to achieve the best possible outcome. We understand the difference that compensation can make in helping you move on with your life following an injury that was made worse by the wrong treatment or a poor standard of care. We are committed to providing clear and compassionate legal guidance at every stage of the claims process to ensure you get the maximum amount of compensation you deserve. We offer legal representation on a no win, no fee basis.

Contact the solicitors at JMW today to start your physiotherapy compensation claim by calling 0345 872 6666, or complete our online enquiry form to request a call back at your convenience.

How JMW Can Help

JMW's clinical negligence team is highly experienced in claiming compensation on behalf of individuals who have suffered as a result of physiotherapy negligence. The team is headed by leading solicitors Eddie Jones and Angharad Hughes, who are highly regarded throughout England and Wales for their work in this field. Several of our medical negligence lawyers are members of the Action against Medical Accidents (AvMA) solicitor panel and the Law Society’s specialist panel for clinical negligence solicitors, and this status underlines the team's industry-leading credentials.

We take a proactive and direct approach to help you to secure the answers and compensation that you deserve. We will provide the guidance you need to make a successful claim and receive the maximum possible amount of compensation. We have a great deal of experience in handling cases involving practitioners who:

• Failed to refer a patient for hospital treatment when they had symptoms of a serious injury requiring urgent care
• Used an inappropriate type of therapy for the patient’s needs 
• Inadequately assessed a patient’s condition before starting the treatment 

A claim will rely on evidence that the physiotherapist was negligent and failed to correctly account for a patient's condition or provide suitable treatment. JMW's legal team has a wealth of experience in this area, and will call upon medical evidence and expert witnesses to demonstrate that the care you received fell below the necessary standards, which entitles you to claim compensation for the unnecessary harm you experienced.

Meet Our Team

JMW's experts in physiotherapy negligence claims have many years of experience in securing compensation for people who have been affected by a poor standard of treatment. We have a thorough knowledge of the standards physiotherapists must meet and experience with many different types of injury and illness that may occur or worsen due to physiotherapy negligence.

How Does Physiotherapy Negligence Occur?

Physiotherapy can be used to treat a broad spectrum of conditions. Some of the most common that can benefit from this type of treatment are:

• Cardiopulmonary conditions such as chronic obstructive pulmonary disease, cystic fibrosis and post-myocardial infarction
• Hand therapy for conditions such as carpal tunnel syndrome and trigger finger
• Musculoskeletal problems including back pain, spinal injury, rotator cuff tears and temporomandibular joint disorders
• Neurological conditions such as stroke, Parkinson’s disease, spinal cord injuries, multiple sclerosis, vestibular dysfunction and traumatic brain injuries
• Paediatric conditions including developmental delays, cerebral palsy and muscular dystrophy 
• Sports injuries
• Women’s health and pelvic floor dysfunction

Physiotherapy is one of a range of treatments that may be applied to the conditions above, but if it is not applied correctly, it can lead to an injury or cause an existing condition to worsen. For example, prescribing exercises that are too advanced, too frequent, or unsuitable for the patient’s stage of recovery can place unnecessary strain on injured tissues. Misdiagnosis or failure to recognise a serious injury can also cause harm or lead to the problem worsening.

Physiotherapists are expected to carry out an initial assessment and review progress over time. If red flag symptoms such as increasing pain, swelling, reduced movement, or neurological symptoms are missed or ignored, treatment may continue when it should have been modified or stopped. These are not the only examples of things that can go wrong during physiotherapy. If a mistake is made in your treatment, whether in the ways listed here or in another way, the results can be devastating and you may be entitled to compensation. It is important to seek legal assistance in the event that this occurs. Contact JMW to learn more about how we can help your recovery and the process of making a claim for compensation.

How Does the Legal Process of a Medical Negligence Claim Work?

While every claim is different, the legal process typically follows the same structure. This is because every claim relies on key evidence which proves that you were owed a duty of care by a physiotherapist, that the standard of treatment you received fell below that standard, and that you were harmed as a direct result. JMW will follow these steps to demonstrate that you are entitled to compensation and maximise how much compensation you receive:

• Initial review of the care provided: We start with a detailed discussion of the physiotherapy you received, including details of the original injury. This will enable JMW to determine whether you are entitled to compensation and, if so, we can begin the process of making a claim.
• Obtaining medical records: We will request all of your medical records, including any notes taken by your physiotherapist during your treatment, which will form the basis of the evidence for your claim.
• Independent medical assessment: An independent medical professional will act as an expert witness by reviewing your records and assessing whether you experienced negligent physiotherapy treatment. If the therapist involved breached their duty of care and that breach caused avoidable harm, the independent expert will state this in a report that can be used to back up your claim.
• Formal claim preparation: When we have gathered enough evidence to support a claim, we will set out the allegations of negligent treatment and the injuries suffered in a letter of claim and send it to the relevant physiotherapist or whoever is responsible for the treatment they provided.
• Response from the defendant: The healthcare provider responsible for your treatment will review the claim, investigate and respond. If they accept liability, we can proceed to negotiating the compensation you are owed. We will always pursue the maximum possible compensation to minimise any financial losses caused by someone else's negligence.
• Court proceedings: If the other party disputes their liability, and agreement cannot be reached through negotiation, we may have to take your claim to court to secure the compensation you are owed. Going to court only happens in a small percentage of cases, as most cases reach agreement before the trial date. JMW has a track record of successful claims both through the court and in settlements outside the courtroom.

If you claim with JMW under a no win, no fee agreement, there are no financial risks and you can proceed with confidence that you will have the best possible chance of securing fair compensation for your injuries. Learn more in our guide to the claims process.

How Much Compensation Will I Receive for a Clinical Negligence Case?

Every compensation amount is different, as each case is tailored to the specific experience and injuries of the person the claim is for. In a physiotherapy negligence claim, compensation is usually divided into general damages and special damages, each of which reflects a different type of harm caused by substandard physiotherapy treatment or advice.

General damages compensate for pain, suffering and loss of amenity resulting from the negligent physiotherapy. The focus is on the additional harm caused by the negligence, rather than the underlying condition that led to physiotherapy in the first place. Alongside the effects on the patient's body and physical problems, compensation should address any psychological health issues that have been caused by the negligence.

The figure you will receive in terms of general damages depends on the severity of the injury. Longer-term symptoms and any impact on daily activities, work, hobbies, and independence can lead to more compensation, and if the person is left with long-term or permanent impairment, this will usually result in a higher payout. 

Special damages cover financial losses and expenses arising from the negligent physiotherapy. Depending on the evidence you can provide, this may include:

• Loss of earnings due to extended time off work or reduced future earning capacity, if ongoing symptoms limit the type of work you can do.
• Costs of private medical treatment, including further physiotherapy, specialist consultations or corrective surgery.
• Travel expenses to attend medical appointments.
• Prescription charges and over-the-counter medication costs.
• The cost of care and assistance during recovery, whether provided by professionals or informally by family or friends.
• Expenses for any aids or equipment, such as braces or supports, that you need to support recovery or adjust to permanent symptoms.

Special damages aim to compensate for the financial consequences of the negligence and place the injured person as close as possible to the financial position they would have occupied had appropriate physiotherapy care been provided. Discuss your symptoms and the treatment you received with JMW for a more detailed estimate of how much compensation you may be entitled to claim.

Is There a Time Limit for a Physiotherapy Clinical Negligence Claim?

For a physiotherapy negligence claim, a limitation period of three years usually applies. This is the time limit within which court proceedings must be started, and will usually begin to count down from the date of the negligent treatment you received.

In some cases, the time limit may start from what is called the date of knowledge, which is the point at which you could reasonably have known that you had suffered an injury that was caused by negligent physiotherapy treatment. This often means the limitation period does not start until it becomes clear that symptoms are worse than expected, or further medical advice links the harm to the physiotherapy provided.

If the injured person was under 18 at the time of the negligent physiotherapy, the three-year limitation period does not begin until their 18th birthday. Court proceedings must therefore be issued by the time they turn 21. A parent or litigation friend can bring a claim on a child’s behalf at any point before that deadline.

If the injured person lacks mental capacity to manage their own legal affairs, the limitation period may not apply at all while that lack of capacity continues. In these cases, a claim can usually be brought at any time, subject to the court’s oversight.

This can be complicated in practice, and it is worthwhile to get in touch with an experienced solicitor for advice on whether or not you are still entitled to claim. JMW can advise you on any time limits that apply and make sure any relevant deadlines are met throughout the claims process. You can also read our guide to time limits for clinical negligence claims to learn more.