J.L. v. Mortell

BARTEAU, Judge.

This is an appeal from the dismissal of a petition for excess damages from the Patient's Compensation Fund. We reverse and remand.

FACTS

In 1986, upon her doctor's referral, J.L. began receiving physical therapy for muscle spasms in her abductor muscle. 1 The physical therapist eventually added a vaginal massage to the treatment program. In 1990, J.L. began seeing another therapist who informed J.L. that vaginal massages were inappropriate and that the technique was unfounded. J.L. suffered severe physical and emotional distress after discovering the inappropriateness of the…