Visitor Question

No physical therapy for 16 days after leaving rehab?

Submitted By: Andre (Queens, New York)

On Dec 2, 2013 I had total knee replacement surgery due to a car accident that happened 9 months prior. I was discharged from the hospital to the rehabilitation center 5 days later. I was discharged from the rehab on Dec 24th, with what was supposed to be a plan for the nurse to visit and then home physical therapy.

No one showed up. I was told they were waiting for the no-fault insurance to give approval. I spoke to my lawyer from the accident and was told no-fault said I had to wait until January 10, 2014 before an answer was given as to whether the insurance would pay for the physical therapy. Just a note, I do have my own medical insurance but they would not accept it until no-fault said NO!

I did not settle for that and after over 40 phones calls and 17 days my doctor sent in a visiting nurse on the 18th day. I was visited by a therapist today January 10, 2014 not because no-fault said ok, but through my surgeon.

I would like to be compensated for not being able to start therapy right away. Is this worth a lawsuit? I don’t know if scar tissue has built up and I don’t know if my knee is healing correctly on the inside. I need some direction on what to do. Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Andre,

You’re talking about two and a half weeks between discharge and the visit from a visiting nurse. From the facts you present it doesn’t appear you have the basis of a legitimate medical malpractice claim.

Forty telephone calls shows you really were frustrated. That’s understandable, especially after knee surgery. While your frustration is well-founded, the medical/insurance industry complex moves quite slowly. This is especially true when there is a question of insurance coverage.

You certainly have the right to seek a medical opinion to determine if the two week time disparity was sufficient to cause unnecessary harm to your knee. While it’s unlikely that’s the case, the only way you’ll know for sure is after seeking a medical opinion from a qualified physician.

Hopefully, by the time you read this you will be feeling better and your frustration will have subsided. If so, all will have ended well.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 10, 2014

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