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the main defending points for the therapist and the firm:

1. **Patient's Failure to Report Discomfort**: The patient had concerns about his affected leg not
fully healing and feeling "disconnected," but these issues were never reported to any healthcare
provider. As the therapist was unaware of this pain, they couldn't appropriately adjust the treatment
plan. The defense can argue that the therapist's ability to provide effective treatment was hindered
by the lack of communication from the patient.

2. **Patient's Incomplete Treatment Attendance**: The patient was instructed to participate in


physical therapy 2-3 times a week for 12 weeks, but after 8 weeks, the patient stopped attending
without informing anyone. This non-compliance with the prescribed treatment plan could have
contributed to the patient's clinical deficits and should be taken into consideration.

3. **Clinical Deficits Explained by Extended Absence**: When the patient returned a month later,
they had clinically significant deficits in various tests compared to the contralateral limb. The
defense can argue that these deficits were not unexpected given the post-operative status and the
extended duration away from guided physical therapy.

4. **Confirmation of Dynamic Warm-Up**: The defense can provide evidence from several staff
members who stated that the patient's recollection of the events during the dynamic warm-up was
untrue. They can emphasize that the therapist had conducted single leg cluster hop tests during the
warm-up, and the patient's previous results could be compared to his current performance.

5. **Appropriate Testing Upon Return**: When the patient returned after three months, the
therapist conducted a range of tests, including knee ligament stability, knee range of motion, and
muscle testing. This suggests that the therapist took the patient's condition seriously and performed
comprehensive assessments.

6. **Guidance on Dynamic Warm-Up**: The defense can highlight that the therapist guided the
patient on the dynamic warm-up to ensure that the patient knew what to do and how to do it
without risking reinjury.

7. **Surgeon's Clearance**: The orthopedic surgeon, not the therapist, cleared the patient to return
to sports without restrictions. After this clearance, the patient's exercise routine and technique were
not monitored by the therapist. The defense can argue that the patient's reinjury may have been
due to factors beyond the therapist's control.
8. **No Reported Concerns During Evaluation**: During the evaluation three months after the
patient was discharged, the patient reported no concerns. This can be used to argue that the patient
did not communicate any issues to the therapist at that time.

These defending points collectively aim to establish that the therapist and the firm acted in a
professional and responsible manner, considering the patient's condition and following standard
procedures. They can also highlight the patient's lack of communication and non-compliance with
the treatment plan as factors that may have contributed to the alleged issues.

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