Bookmark and Share

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



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.

Search the Archives

By Topic
By Keyword