Question

What elements must be present in a claim against a physical therapist for breaching a fiduciary duty?

a) Fiduciary Duty Existence
b) Patient Reliance
c) Breach of Fiduciary Duty
d) Harm and Damages

Answer 1

For a valid claim against a physical therapist for breaching fiduciary duty, it is necessary to prove the existence of fiduciary duty, patient reliance on the therapist, breach of said duty by the therapist, and resulting harm and damages to the patient.

Step-by-step explanation:

To succeed in a claim against a physical therapist for breaching a fiduciary duty, certain elements must be clearly established. These elements include:

1. Fiduciary Duty Existence: There must be a demonstrated existence of a fiduciary relationship between the physical therapist and the patient, implying a special trust and confidence in the therapist's care and advice.
2. Patient Reliance: The patient relied on the therapist's expertise and advice, and their actions were based on this reliance.
3. Breach of Fiduciary Duty: There was a breach of this duty by the therapist, meaning they acted in a way that was not in the best interest of the patient or contrary to what was expected in their professional role.
4. Harm and Damages: As a result of this breach, the patient suffered harm, which could be physical, financial, or emotional, and there are quantifiable damages associated with this harm.

Each of these elements is essential and must be proven for the claim to be successful in a court of law.