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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.


Physical Therapist Edition

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

Pharmacist Edition

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

Counselor Edition

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




September 2008 Legal Case Study



Man Claims No Physical Therapy Personnel Were Nearby When Electrical Stimulation Machine Caused Electrical Shock - $50,000 Settlement With Machine Manufacturer - $1.46 Million Verdict Against Others.

The plaintiff, age forty-seven, was undergoing physical therapy in June 2002 with the use of an electrical stimulation machine. The machine had an emergency stop cable attached, which allowed a patient to quickly stop it in an emergency. During the plaintiff’s session, the physical therapist left him unattended. While the therapist was away the plaintiff believed he experienced an electrical shock. In a panic, he shouted for one or two minutes, but no one responded. When the physical therapist finally entered the room the plaintiff was partially unresponsive. The plaintiff had undergone the same treatment without difficulty three days earlier.

The plaintiff alleged post-traumatic stress disorder and pain disorder, which resulted from his emotional conversion disorder. The plaintiff claimed that a therapist should have remained within audible range of him at all times and if that had been done he would have been heard. The plaintiff also alleged that the clinic failed to provide him with the emergency stop cable.

The defendants contended that the physical therapist’s aide and physical therapist were within audible range and came to the plaintiffs aide immediately. The clinic claimed that it was not it policy to provide the emergency stop cable because the machine had multiple built-in safety redundancies which would prevent it from emitting excess electrical currents. The clinic also claimed that the cable was there and was plugged in. The defendants also claimed that there were no neurological findings of any injury.

According to a published account, the manufacturer of the electrical stimulation machine settled for $50,000 prior to trial. A jury returned a $1,461,532 verdict against all the defendants. Post-trial motions were pending.

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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