Lawyers in Belmar, NJ

Beekman Law Firm in Ocean Grove

As stated already above by Jason Erickson, an already compromised shoulder can be further injured during massage. The preexistence of an injury does not alleviate liability when further injury or additional injury occurs (just as in auto insurance claims). If there is negligence on the part of the massage therapist, the claimant does have a valid suite, and should be compensated (reasonably) for injuries sustained. After spending decades working with insurance companies I would concur with Ruth Werner,out of court settlement, not to be heard of again.

There is truly no way to prove or disprove how the injury happened. Just an unfortunate situation for both client and practitioner. Soap Notes are a therapists account of a session and unless reviewed by the client and signed in agreement, it really will hold no water in a case of client vs. therapist. This will most likely be settled out of court for a lot less than what the client is hoping for. Could have, would have, should have...all speculation from each of us on here. Hopefully all parties involved will handle appropriately, productively, honestly and with good intention to move forward peacefully.