Man claims physical therapist injured his arm

Michelle Massey, East Texas Bureau Jan. 11, 2010, 5:18am

TEXARKANA -- Referred to Christus St. Michael Rehabilitation Hospital for physical therapy for fractured ribs, James Marshall claims he suffered an additional injury to his right shoulder because of the physical therapist's excessive and forcible manipulation of his arm.

Marshall alleges the manipulation did not conform to the accepted standard of physical therapy. He also claims the hospital breached its duty to treat him without causing further injury.

Alleging medical negligence, Marshall filed a personal injury lawsuit against Christus Health Ark-La-Tex, doing business as Christus St. Michael Rehabilitation Hospital, on Jan. 4 in the Texarkana Division of the Eastern District of Texas.

Marshall states that he was receiving physical therapy for fractured ribs on May 28, 2009, and during his treatment the physical therapist injured his right shoulder while attempting to manipulate his arm.

The plaintiff argues that the hospital, acting through its employees, "negligently violated the duty of care" it owed to him and did not "exercise that degree of care, skill, supervision and diligence ordinarily possessed and used by other hospitals and physical therapists under the same or similar circumstances."

The plaintiff is seeking more than $75,000 in damages for past and future pain, suffering, mental anguish, medical care and expenses, loss of earnings, loss of earning capacity, physical scarring and disfigurement.

Texarkana attorney Michael A. Friedman of the Friedman Law Office is representing the plaintiff.

U.S. District Judge T. John Ward will preside over the litigation.

Case No 5:2010cv0004

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