The complete question is:
A patient and a physical therapist got into a physical fight and both the patient and the physical therapist sustained injury. The patient filed a claim to the physical therapist's insurer for medical bills and compensation for pain and suffering.
Perform a legal analysis
Answer:
The patient can recieve compensation from the physical therapist if he can prove he is culpable for his injuries
Explanation:
Culpability is the fault that a person has in causing injury to another. In the case of a physical fight it means the other party inflicted an injury without a legal cause.
Legal cause that justifies infliction of injury in a fight include self defence, protection of an innocent third party, defence of property, and the injured person's contributory negligence.
The patient will have to prove the following to make the physical therapist liable for the injuries and demand compensation.
- He has to prove the therapist started the fight with no just cause
- He has to prove the therapist caused his injuries.
- The Patient should prove he did not inflict the injuries on himself
- The injuries inflicted can be verified
