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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: Overly Aggressive Treatment This case involves a 42-year old female with a long history of bilateral knee injuries and subsequent surgeries. She received her first surgery at age 14 to her right knee and then both knees at ages 16, 18, 21 and then again at 40... Read the Full Case with Risk Management Recommendations |
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Case Study: Failure to Monitor In this case, the defendant pharmacist was employed by a home infusion pharmacy where he was the head pharmacist and also was appointed director of pharmacy. The home infusion company provided home health care to patients, including the dispensing and administration of oral and parenteral medications, nursing care, personal care services and case management... Read the Full Case with Risk Management Recommendations |
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Case Study: Inappropriate Behavior and Sexual Misconduct by Counselor The defendant was a licensed mental health counselor in solo practice who treated the client (a 51-year-old married woman) for multiple issues over approximately a two-year period. The client's intake form stated she was seeking treatment for problems in her marriage, symptoms related to being an adult child of an alcoholic, co-dependency and difficulties with communication. The defendant treated the client both separately and in couples' therapy sessions with her husband... Read the Full Case with Risk Management Recommendations |
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. |
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Recently Posted Legal Case Studies
| DESCRIPTION | |
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| Prescriptions Switched, Causing Man to Not Take Thyroid Replacement Hormone Medication for About Three Months - Hospitalization Required - $125,000 Verdict. | |
| Woman Falls on Treadmill She Used at Physical Therapy Facility Without Prescription for Its Use - Fractured Shoulder - $80,125 Verdict. | |
| Dilaudid Prescription Filled With Dexamethasone - Cushing’s Syndrome and Depression - $2.5 Million Verdict. | |
| Man Falls Dismounting Stationary Bicycle - Bicycle Falls on Film, Fracturing Neck - Fusion Required - $1.49 Million Settlement. | |
| Man Claims Vicodin Over-Prescribed for Over a Decade - Liver Damage Requires Liver Transplant - $1.425 Million Arbitration Award. | |
| Amphotericin Ordered for Child With Infection Following Appendectomy Prepared in Adult Dosage, Instead of Child Dosage - Cardiac Arrest and Renal Failure - $3.85 Million Settlement Includes $200,000 to Child’s Sister, Who Witnessed Arrest. | |
| Blind Man Dispensed 50 Microgram Fentanyl Patches, instead of the Prescribed 25 Microgram Patches - Overdose Blamed for Worsening of Sleep Apnea - $200,000 Settlement. | |
| Fall During Leg Lift Exercises Causes Ankle Fracture - $125,000 Verdict. | |
| Man Claims E-Stimulation Machine Caused Third-Degree Burn Over Sacrum - Tenderness in Area Remains After Healing - Defendant Claims Burn Was From Use of Heating Pad at Home - Defense Verdict. | |
| Woman Claims Abandonment by Psychologist - Defendant Claims Plaintiff Wouldn’t Follow His Orders and She Stalked Him After Treatment Was Terminated - Defense Verdict. | |
| Obese Man Falls From Stretcher While Being Lifted Into Ambulance - $4,761 Verdict. | |
| Injury to Knee Blamed on Improper Manipulation During Stretching of Knee - Defendant Blames Problems on Long-Standing Degenerative Injuries - Defense Verdict. |
