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Special Edition Legal Case Study
Healthcare Professionals and Medical Malpractice: A Case Study with Risk Management Strategies
Medical malpractice claims can be asserted against any healthcare provider. Although there may be a perception that physicians are held responsible for the majority of lawsuits, the reality is that healthcare professionals, including physical therapists, pharmacists and counselors are more frequently finding themselves defending the care they provide.
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Case Study: Improper Full Spinal Deep Thrusts This case involves a physical therapist working in a private practice setting. 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... Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Physical Therapist Edition |
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Case Study: Poisoning From Incorrect Anti-Fungal Medication In this case, the insured pharmacist received an order for the plaintiff to receive intravenous Amphotericin Lipid Complex. The insured pharmacist incorrectly supplied Amphotericin B. The co-defendant pharmacy technician produced the correct labels but placed them on the incorrectly selected medication... Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Pharmacist Edition |
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Case Study: Alleged Slanderous Statements by the Defendant Regarding the Plaintiff and Alleged Improper Reporting of Privileged Health Information to the Plaintiff's Employer The plaintiff was a 52 year old practicing physician when he was court-ordered via the state's professional resource network (PRN) to see the defendant counselor for assessment following an arrest for suspected driving under the influence (DUI)... Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition |
August 2008 Legal Case Study |
| Failure to Immobilize Jockey Following Fall From Horse During Race - Fracture at C-2 Diagnosed Four Days Later Ends Career - $2.7 Million Verdict. |
The plaintiff, age fifty-six, was the jockey with the most career victories record in March 2003, when the incident in question occurred. During a horse race on the day in question, the plaintiff was thrown from his horse and landed on his head. Two EMTs were nearby in their ambulance and rushed to the scene. The plaintiff wanted to stand up and the EMTs helped him up and walked him around to the ambulance. The plaintiff was then taken to the track first aid station just outside the track, where he was further evaluated. A Physician’s assistant treated him and released him with a diagnosis of cervical sprain. Four days later the plaintiff was unable to mount a horse due to neck pain. He went to an emergency room and was diagnosed with a Hangman’s fracture, a broken neck which includes a fracture of an upper cervical vertebra. X-rays confirmed the diagnosis, revealing a fracture at the C2 level. The plaintiff was placed in a halo brace for two months. The plaintiff retired from horse racing due to the risk of re-injury. The plaintiff claimed that if he had received proper care on the day of the accident he would have been able to return to riding. The plaintiff claimed that he should have been immediately placed in a neck brace and carried to an ambulance on a board and then taken to a hospital for care. The defendant claimed that all the injuries were a result of the accident and that even diagnosis and treatment on the day of the accident would not have changed the outcome. The defendant also claimed that the plaintiff could not have been immobilized without his consent and that the plaintiff had asked for help getting up and had made arrangements to return to riding during the four-day delay, which included getting a massage and electric stimulus to his neck. According to a published account a $2.7 million verdict was returned. With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288. |
Search the Archives
Recently Posted Legal Case Studies
| DESCRIPTION | |
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| Failure to Diagnose Ectopic Pregnancy - Loss of Fallopian Tube - Defense Verdict. | |
| Failure to Diagnose Ectopic Pregnancy - Loss of Fallopian Tube - Defense Verdict. | |
| Exercise Ball Collapses, Causing Man to Fall - L4-5 Disc Injury Necessitates Surgery - $250,000 Verdict. | |
| Man Claims Fall During Stair Training Following Lumbar Fusion - Physical Therapist Claims Date Alleged Was Wrong and Fall Didn't Happen - Defense Verdict. | |
| Illiterate Man Claims Prescriptions For Another Person Were Given to Him - Alleges Hospitalization and Kidney Failure From Medications - Pharmacy Claims He Indicated He was Supposed to Pick Up the Medication for the Other Patient - Defense Verdict. | |
| Man Claims Continuous Passive Motion Machine Brought to Home for Physical Therapy Was Not Assembled Properly, Causing Injury - Defense Verdict. | |
| Failure of Paramedic to Immediately Use Defibrillation When Man Suffers Ventricular Fibrillation During Transport - $195,000 Settlement With Ambulance Service - $80,000 Net Verdict at Trial. | |
| Neurologist, Hospital and Pharmacist All Blamed for Child’s Death From Toxic Epidermal Necrolysis After Being Prescribed Lamictal - Claims Prescription Was Improper and Excessive and Rash Was Not Properly Investigated - $1.55 Million Settlement. | |
| Woman Dispensed Wrong Pills for Coumadin Prescription Resulting in Stroke - Speech and Right-Side Weakness Necessitate Move to Nursing Home - $374,400 Net Verdict. | |
| Femur Fracture Blamed on Fall During Physical Therapy - Defendant Claims Fracture Was Spontaneous - Defense Verdict. | |
| Failure to Perform Timely Stress Test and Properly Evaluate Man With Chest Pain - Death - Confidenti | |
| Tramadol Filled With Avinza - Death - $750,000 Settlement. |

