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Case 4

Will Gino successfully sue the physiotherapist for professional negligence?

Answer

If the PT had given all the cautionary statements including 'not to lean on the crutch axillary pads' & not to adjust crutches) the patient may not have adjusted the crutches. As the PT did not give these two particular warning, it is possible that the patient may successfully sue the PT for professional negligence. However, the patient has adjusted the crutches, so he himself contributed to the injury. Even if PT was found liable here, the compensation may be less.

Cases 2 to 4 are all case illustrations for Code 2 (p7)'Disregard of professional responsibilities towards patient'.

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