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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



January 2009 Legal Case Study
Physician Assistant Fails to Diagnose Child's Bacterial Infection - Amputation of Portions of Both Hands and Amputation of Both Feet - $3 Million Settlement.

The plaintiff, age four, was seen at a hospital emergency room in July 2006 after developing a fever and rash with pustules in her mouth. The emergency room nurse documented a small pustule rash to the extremities and tongue.

After triage the child was seen by a certified physician assistant (PA-C). The plaintiff had a fever of 103.1. The nurse had originally written “petical” rash and crossed it out and had written “pustular.” A petechial rash looks like little red dots on the skin and a pustular rash is like a vesicle filled with pus. The PA-C described a “macular/papular rash.” A macular rash includes flat, small red patches on the skin and a papular rash is raised without pus. The PA-C did not note the rash in the mouth.

The parents described the child as having a brick-red type of skin color with little red dots. The parents raised the child’s shirt and the father was able to write his name into the child’s back by pushing on it. The child was discharged with instructions to follow up with a pediatrics clinic, but no instructions on whom to see or when to go and there were no written instructions given for fever control.

The child’s condition worsened the next day and she was taken to another emergency room and then transferred to another hospital where she was diagnosed and treated for staph sepsis. The child required amputation of portions of both hands and amputation of both feet. She was fitted with prosthetics with which she is able to walk and run.

The plaintiff claimed that the defendants were negligent in failing to diagnose bacterial infection and that the PA-C’s examination had been deficient and without proper orders for testing. The plaintiff also claimed that a physician should have seen the child, not a PA-C.

The defendant argued that the examination of the child was proper and that the type of rash observed was consistent with a viral infection. The defendant also claimed that the infection the child was later diagnosed with was extremely rare and that the parents should have returned the child to the emergency room earlier.

According to a published account a $3 million settlement was reached.

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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