Can I Sue a Massage Therapist?

Massage therapists, remedial masseuses, and other qualified practitioners are specially trained professionals. They are expected to uphold the standards of their profession to aid in their clients’ healing journey. If you were injured by a massage therapist, you may be able to pursue compensation for injuries through a massage therapy negligence claim.

At Henry Carus + Associates, we pride ourselves on developing innovative solutions for novel and emerging legal situations. Recently, a number of people in and around Melbourne have reported suffering significant injuries as a result of remedial massage. Our Melbourne-based personal injury lawyers are committed to exploring all available legal options for people who have been seriously injured due to a massage therapist’s negligence.

Find out if you have a massage therapy negligence claim. Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our personal injury lawyers serve clients throughout Victoria from multiple offices in Greater Melbourne.

What If a Massage Therapist Hurts You?

Massage therapists manipulate muscles, ligaments, and tendons to reduce pain and promote well-being. Remedial massage is a specific type of therapeutic massage focussed on rehabilitating injuries and alleviating musculoskeletal conditions. Myotherapy is a targeted form of massage that aims to relieve soft tissue pain by releasing trigger points in muscle fascia.

During each of these therapies, it is normal to feel some amount of discomfort. You may also experience some soreness after a massage therapy session. However, you should not experience severe pain or injury during or after massage therapy.

Signs that a massage therapist may have injured you include:

• Persistent pain in the neck, back, shoulders, hips, etc.
  • This may be a symptom of everything from a muscle tear to a herniated disc
• Reduced range of motion
• Headaches, potentially accompanied by nausea and vomiting
• Dizziness, loss of balance, and vertigo
• Nerve pain; symptoms of nerve injury, nerve compression, or a pinched nerve include:
  • Numbness or weakness
  • ‘Pins and needles’ sensation
  • Radiating pain down an arm or a leg
• Joint dislocation; in addition to intense pain, you might notice that the joint is:
  • Bruised
  • Swollen
  • Difficult or impossible to move
  • Visibly malformed and out of place 
• Aggravation of a pre-existing injury or condition

In extreme cases, negligence on the part of a massage therapist may have life-threatening consequences. Last year, a woman in Geelong sued a massage therapist and a clinic after she claims to have suffered a stroke from an overly aggressive remedial massage.

The risk of stroke from a massage is considered extremely rare. However, the director of the Victor Chang Cardiac Research Institute told ABC News that forceful massage to the neck could lead to an arterial dissection (a tear in an artery wall), which may lead to a stroke if a blood clot forms and travels to the brain. Know the warning signs of a stroke.

Speak to a Personal Injury Lawyer

If you experience severe, lingering pain; an injury; or a medical emergency and you suspect the negligence of a massage therapist or remedial masseuse may have been a factor, you should speak with a personal injury. You may have a massage therapy negligence claim. Henry Carus + Associates are available to review your claim and determine whether you are entitled to compensation.

When Can I Sue a Massage Therapist for Negligence?

You may be able to bring a claim against a massage therapist if you can show that their negligence led to your injury. The elements you will need to prove in your claim are:

1. The massage therapist owed you a duty of care. Massage therapists must abide by the Massage Therapy Code of Practice, which requires practitioners to ‘avoid acts or omissions that are likely to cause harm to their clients.’
2. The massage therapist breached the duty of care. Potential breaches of the duty of care include ignoring your wishes concerning treatment, failure to examine you before providing treatment, improper massage techniques, etc.
3. The breach of duty caused your injury. Your medical records and testimony from treating doctors can help to establish that your injuries occurred because of the actions of the massage therapist. This can be difficult to prove, especially if you sought remedial massage or myotherapy for a pre-existing condition or injury.
4. You suffered damages as a result of the injury. Damages refer to economic and non-economic losses. You may be entitled to compensation for medical expenses, lost earnings, pain and suffering, and more.

In Victoria common law personal injury claims, you may only obtain damages for non-economic loss (such as pain and suffering, loss of enjoyment of life, etc.) if you have a ‘significant injury’. The definition of ‘significant injury’ is found in Section 28LF of the Wrongs Act 1958.

A knowledgeable lawyer can review your massage therapy negligence claim and determine whether your injuries might meet the significant injury threshold. You will need to undergo a specialised medical assessment to confirm. An injury is considered significant if it results in permanent impairment of 5% or more for spinal injuries and more than 5% for other types of physical injuries.

It doesn’t take a traumatic accident to cause a significant injury. A Current Affair recently reported the story of a woman who is suing a massage therapy centre for a severely herniated disc that has resulted in debilitating neck pain and for which she has undergone five surgeries. She is seeking compensation for pain and suffering, in addition to economic damages.

Who Pays for Damages?

Massage therapists aren’t legally required to have insurance, but many practitioners purchase professional indemnity cover to protect them from legal claims. Public liability insurance generally provides cover for business entities (such as a massage therapy clinic) if they are sued for personal injury.

Both the massage therapist and the clinic may be liable for injuries and damages. Unfortunately, making a massage therapy negligence claim isn’t always easy.

Practitioners of remedial massage and myotherapy often deny responsibility, claim that the client is mistaken, and/or argue that the injury was from a pre-existing condition and not the therapy. A skilled lawyer will investigate to determine what caused your injury and who is responsible.

Can I Sue a Massage Therapist? Find Out If You Have a Claim

You went in for massage therapy hoping it would loosen up your muscles and help you feel better. Maybe you even thought it would alleviate stubborn back pain, neck pain, or another longstanding complaint. Now you’re in more pain than before, struggling with day-to-day activities, unable to work, and perhaps even in need of expensive medical treatment.

Was the massage therapist negligent? It’s a possibility, but the only way to find out if you have a claim is to consult a personal injury lawyer.

Contact Henry Carus + Associates Today

Henry Carus + Associates handle a wide range of injury claims. We believe You Deserve More—both maximum compensation for your losses, as well as the highest standard of legal service and advocacy.

Our firm combines an in-depth understanding of Victoria’s personal injury legislation with an individual focus on the specifics of your claim. This unique approach enables us to pursue all options for obtaining a favourable result on your behalf.

If you were injured by a massage therapist in Melbourne or elsewhere in Victoria, don’t hesitate to reach out to Henry Carus + Associates. For a FREE, no-obligation consultation, call 03 9001 1318 today.