Physical Therapy and Chiropractic Malpractice Attorney in New Jersey and New York

Physical therapists and chiropractors are licensed healthcare professionals who treat musculoskeletal conditions, post-surgical rehabilitation, and pain disorders. When their treatment causes harm rather than relief — a cervical manipulation that ruptures a vertebral artery, a post-surgical rehabilitation protocol that tears a repaired tendon, a chiropractic adjustment performed on a patient with a known spinal fracture — the same legal accountability that applies to physician malpractice applies to them. Thai Nguyen Law handles physical therapy and chiropractic malpractice claims in New Jersey and New York.

Physical Therapy Malpractice: When Rehabilitation Causes Injury

Physical therapists are licensed under the New Jersey Physical Therapy Examining Board and are required to practice within the scope of their license and at the standard of care applicable to a reasonably competent physical therapist in the same specialty. Malpractice by a physical therapist occurs when the therapist applies forces, exercises, or modalities that exceed what the patient’s condition can safely tolerate, fails to communicate adequately with the referring physician about the patient’s status, or proceeds with treatment contrary to the physician’s post-operative restrictions.

Post-surgical rehabilitation is a particularly high-risk context for physical therapy malpractice. A repaired rotator cuff, an anterior cruciate ligament reconstruction, and a lumbar spinal fusion each have specific timelines for safe tissue loading and range-of-motion progression. When a physical therapist advances the rehabilitation protocol faster than the surgical repair can tolerate, the result can be a re-tear of the repair, hardware failure, or additional nerve or vascular injury. The surgeon’s post-operative orders establish the boundaries of safe treatment. Departing from those boundaries without clinical justification is a departure from the standard of care.

Soft tissue injuries caused by excessive mobilization, burns from ultrasound or electrical stimulation equipment applied incorrectly, and falls from unsupervised exercise equipment are additional categories of physical therapy malpractice. When a patient falls from a treatment table or during a gait training exercise that should have been supervised and wasn’t, and suffers a fracture or head injury, the physical therapist and the facility may both carry liability.

Chiropractic Malpractice: Cervical Manipulation and Arterial Injury

Chiropractic malpractice is evaluated under the standard of care applicable to a reasonably competent chiropractor in the same specialty. New Jersey applies the malpractice framework under N.J.S.A. 2A:53A-41, and the Affidavit of Merit must be executed by a licensed chiropractor or physician in a substantially similar specialty. The most serious category of chiropractic malpractice involves cervical manipulation and vertebral artery dissection. High-velocity, low-amplitude thrusting techniques applied to the cervical spine carry a recognized, if low-probability, risk of vertebral artery injury. When that injury occurs, the resulting stroke can be devastating or fatal.

The chiropractic standard of care requires screening patients for risk factors before performing cervical manipulation, including hypertension, connective tissue disorders, prior stroke or TIA, and vascular risk factors. Performing manipulation without adequate screening, or proceeding despite contraindications, is a departure from the standard of care. The informed consent process for cervical manipulation must include disclosure of the risk of vertebral artery injury and stroke. Failure to obtain informed consent that includes that disclosure is an independent basis for a malpractice claim when that risk materializes. Attorney Nguyen evaluates both the procedural standard of care and the informed consent adequacy in every cervical manipulation case.

The Affidavit of Merit and Statute of Limitations

Physical therapy and chiropractic malpractice claims in New Jersey require an Affidavit of Merit filed within 60 days of the defendant’s answer, extendable to 120 days for good cause. The affidavit must be executed by a licensed physical therapist or chiropractor, respectively, or a physician in a substantially similar specialty. The statute of limitations for these claims follows the medical malpractice framework under N.J.S.A. 2A:14-2: two years from the date the patient knew or reasonably should have known about the malpractice, with a four-year outer statute of repose.

How Thai Nguyen Law Handles PT and Chiropractic Malpractice Cases

We obtain the complete physical therapy or chiropractic record, the referring physician’s orders and post-operative restrictions where applicable, and any imaging that documents the harm. We retain physical therapy or chiropractic experts matched to the type of care at issue, and in stroke cases following cervical manipulation, we also retain neurological and vascular experts to establish causation.

Our approach to PT and chiropractic malpractice cases includes:

Full treatment record review including session notes, exercise logs, physician referral orders, and post-operative restrictions
Retention of physical therapy or chiropractic experts matched to the specific treatment context
In cervical manipulation stroke cases, retention of neurological and vascular surgery experts to establish causation
Screening and informed consent analysis in chiropractic manipulation cases
Filing of the Affidavit of Merit within the required statutory window
Damages documentation covering additional medical treatment, corrective surgery, rehabilitation, lost income, and pain and suffering

What to Expect Working With Us

01 – Free Case Review — We assess your situation at no cost and give you an honest evaluation of whether a viable malpractice claim exists. No fees unless we win.
02 – Records Acquisition and Expert Review — We obtain your complete record and retain qualified experts to assess the standard of care and causation.
03 – Filing and Pre-Trial Preparation — We file the complaint, serve the Affidavit of Merit within the required window, and build the expert record through depositions and discovery.
04 – Settlement or Trial — We prepare every case for trial and do not accept settlements that fail to account for the full scope of your damages.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen built this practice for people harmed by the medical institutions they trusted. These cases require medical expertise, legal precision, and willingness to challenge well-funded defendants.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — is the foundation of a practice built for people who were harmed by care they had every right to expect would help them. Thai Nguyen Law serves New Jersey and New York and handles serious malpractice cases nationwide, with services in English, Vietnamese, and Spanish.

No fees unless we win — No upfront cost at any stage
Free consultation — Understand whether you have a case before committing
Multilingual service — English, Vietnamese, and Spanish
Award-winning representation — Recognized for results in complex cases

Frequently Asked Questions

The statute of limitations for malpractice claims against licensed health care professionals in New Jersey is two years from the date the patient knew or reasonably should have known about the malpractice under N.J.S.A. 2A:14-2. The discovery rule applies and can push the start date forward when the harm was not immediately apparent. New Jersey applies a four-year outer statute of repose from the date of the negligent act. The Affidavit of Merit must be filed within 60 days of the defendant’s answer, extendable to 120 days for good cause. In stroke cases following chiropractic manipulation, the connection between the manipulation and the neurological event is not always recognized immediately, making early legal consultation especially important. Attorney Nguyen reviews all applicable deadlines at the free consultation.

Yes, when the stroke resulted from vertebral artery dissection caused by cervical manipulation and the chiropractor failed to meet the standard of care in screening, informed consent, or technique. These cases require a chiropractic expert to testify about the standard of care and a neurologist or vascular surgeon to establish the causal link between the manipulation and the arterial injury. The temporal relationship between manipulation and stroke onset is a central issue, as is whether the chiropractor was aware of risk factors that should have precluded or modified the procedure. Attorney Nguyen evaluates the full clinical and procedural record before advising on the strength of the claim.

Post-surgical rehabilitation has specific protocols tied to the type of surgery performed, the hardware or repair involved, and the timeline for safe tissue loading. When a physical therapist applies forces or range of motion exercises that exceed what the surgical repair can tolerate at that stage of healing, and the repair fails or the patient suffers a re-injury, the physical therapist may bear liability for that outcome. Key evidence includes the surgeon’s post-operative orders and weight-bearing or range-of-motion restrictions, the physical therapist’s session notes, and whether the therapist communicated with the referring surgeon about the patient’s progress. Attorney Nguyen obtains all of that documentation at the outset of every post-surgical PT malpractice evaluation.

Damages in physical therapy and chiropractic malpractice cases include all medical treatment required to address the harm caused, including emergency care, hospitalization, corrective surgery, and ongoing rehabilitation. Lost wages and diminished earning capacity are recoverable when the injury affects your ability to work. Non-economic damages cover pain and suffering, permanent disability, loss of function, and loss of enjoyment of life. In stroke cases following cervical manipulation, the lifetime cost of neurological rehabilitation, assistive care, and lost earning capacity can be substantial and requires life care planning and economic expert testimony to present accurately. Attorney Nguyen builds that record before any settlement discussion begins.

Harmed by Physical Therapy or Chiropractic Malpractice? Call Thai Nguyen Law.

If you suffered a stroke, re-injury, nerve damage, or other serious harm from physical therapy or chiropractic treatment in New Jersey or New York, contact Thai Nguyen Law for a free, confidential consultation. The statute of limitations is running. No upfront fees. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win