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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: 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
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Physical Therapist Edition

Pharmacist Edition

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
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Pharmacist Edition

Counselor Edition

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
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition



October 2008 Legal Case Study
Infant Suffers Organ and Brain Injury From Delay in Treating Low Hematocrit and Oxygenation During Surgery for Ventricular Septal Defect - $3.9 Million California Settlement.

The infant plaintiff underwent repair of a ventricular septal defect. The surgery required the heart to be stopped and a cardiac bypass system circulated and supplied oxygen to her blood. The bypass system was operated by a perfusionist.

During the surgery the levels of hematocrit and oxygenation fell below guidelines and continued for approximately forty-five minutes before the surgeon was notified and corrective action was taken. The child suffered multiple end-organ failure, including a hypoxic brain injury. She is significantly mentally and physically disabled. At eight years old she was unable to walk and will require full-time nursing care for life.

The’paintiff claimed that the perfusionist and her assistant were primarily responsible for monitoring the blood gas levels, while the county blamed the injuries on the perfusionist’s employer and filed a cross-complaint against the company.

The employer claimed that the infant suffered from a genetic defect in her mitochondria (COX) which caused the injuries.

According to a published account a $3.9 million settlement was reached in mediation, along with satisfaction of a state lien of approximately $600,000. The settlement included $250,000 for the parents’ claim. The employer paid fifty-five percent of the settlement and the county paid the other forty-five percent.

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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