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Case Study: Improper Full Spinal Deep Thrusts In this case, the patient was a 5'2", 156 lb, 54-year-old woman, who underwent a hysterectomy and afterwards began to experience low back pain. Five months after surgery the patient sought treatment for her back pain with an orthopedic surgeon who believed she was suffering from degenerative problems and prescribed physical therapy at the insured physical therapy firm... Read the Full Case with Risk Management Recommendations |
January 2009 Business Owners Legal Case Study |
| Woman Paralyzed by Stroke Sexually Assaulted While Hospitalized by Male Nurse Employed by Staffing Service - $1.225 Million in Settlements. |
The plaintiff, age sixty-two, was a patient at the defendant hospital in October 2003. She was partially paralyzed by a stroke. During her hospitalization the plaintiff was sexually assaulted by a nurse, an employee of a medical staffing service. The plaintiff was conscious at the time of the assault and was fully aware of what happened. Her physical condition made it difficult for her to communicate. The nurse was convicted on a felony count of sexual assault of a disabled person and sentenced to twenty years in prison. The plaintiff alleged negligence in the hiring and monitoring of the nurse, maintaining that another patient had accused the nurse of a similar sexual assault three months earlier. The hospital claimed that it had investigated the earlier complaint, and cleared the nurse of the incident before returning him to work. The staffing company also denied any negligence, maintaining that the nurse had cleared background checks which had been conducted at various times. According to a published account, a settlement was reached with the hospital for $325,000 and the staffing company then settled for $900,000. With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288. |
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Recently Posted Legal Case Studies
| DESCRIPTION | |
|---|---|
| Man Suffers Rotator Cuff Tear During Return-to-Work Screening Under Supervision of Exercise Physiologist - Claims He Was Under Lifting Restrictions at the Time - $475,000 Verdict. | |
| Lack of Proper Care by Home Health Nurse Blamed for Development of Chronic Ulcer Following Development of Paraplegia From Gunshot Wound - $2.1 Million Net Verdict. | |
| Failure to Give Resident Required Soft Food - Death Follows Choking - $3.4 Million Post-Trial Settlement. | |
| Injury to Knee Blamed on Improper Manipulation During Stretching of Knee - Defendant Blames Problems on Long-Standing Degenerative Injuries - Defense Verdict. | |
| Man Claims Rib Fractures Caused by Pieces of Leaded Glass Shield Falling on Chest When Shield Breaks After X-Rays are Taken - Hospital Claims Fractures Occurred in Accident Which Brought Plaintiff to Hospital - $468,393.03 Verdict. | |
| Failing to Properly Evaluate Jail Inmate's Mental Health - Man Hangs Himself - Death - $80,000 Utah Settlement. | |
| Man's Decubitus Ulcer Worsens and Becomes Infected During Short Stay - Death - Defendant Claims Man's Bladder Cancer Caused Death - $2 Million Verdict. | |
| Failure to Properly Treat Pressure Sores Blamed for 100 Year-Old Woman's Death From Urosepsis - Defense Verdict. | |
| Woman Falls During At-Home Physical Therapy Session - Dislocated Patella Requires Surgery, Allegedly Reduces Success of Knee Replacement - Defense Verdict. | |
| Woman Paralyzed by Stroke Sexually Assaulted While Hospitalized by Male Nurse Employed by Staffing Service - $1.225 Million in Settlements. | |
| Paraplegic Woman Claims Fall at Home Due to Inadequate Assistance From Home Health Aide Caused Fractured Femur - Defendant Claims Fracture Didn't Happen at That Time - $310,000 Settlement. | |
| Herniated Disc While Pulling Slide With Heavy Weight in it During Functional Capacity Evaluation Alleged - Additional Back Surgery Required - $3,363,000 Verdict Against Occupational Therapist After $1.7 Million Settlement With Neurosurgeon. |

