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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




December 2008 Legal Case Study



Woman Taking Risperdal for Bipolar Disorder Claims Counselor Told Her to Cease All Prescriptions While Receiving Treatment for Alcohol Abuse - Woman Discontinues Risperdal and Suffers Manic Episode - Missouri Defense Verdict.

The plaintiff, age fifty-three, was diagnosed with bipolar disorder and prescribed Risperdal by her treating psychiatrist. In January 2003 the plaintiff was seeking treatment for alcohol abuse with the defendant, an independent counselor. The plaintiff claimed that the defendant told her she needed to be “drug-free” to work with her, which included prescription medication. This caused the plaintiff to cease taking the Risperdal, resulting in a manic episode.

The defendant denied advising the plaintiff to stop taking the medication and argued that the plaintiff had a longstanding history of failing to take medication prescribed by her psychiatrist.

According to a published account a defense verdict as 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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