|
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.
|
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 |
|
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 |
|
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 |
February 2009 Legal Case Study |
| Failure to Properly Insert Endotracheal Tube in Child Blamed for Brain Damage - $1.3 Million Settlement in Massachusetts After Judge Rules Spoliation of Evidence Instruction Would be Given on Behalf of Plaintiff. |
The plaintiff’s decedent, age three, began to choke on a piece of candy while in a store. An ambulance from the defendant arrived and paramedics placed an endotracheal tube that was not in the lungs, causing hypoxia, cardiac arrest and permanent brain injury. The plaintiffs claimed that the endotracheal tube was placed in the esophagus instead of the trachea. During the discovery process, the plaintiffs sought access to various records of the defendant regarding the incident, particularly the records prepared in connection with the cardiac monitor strips. The documents could never be found. The defendant contended that the tube was properly inserted. The court ruled that the plaintiff would be entitled to a spoliation of evidence instruction. The parties then settled for $1.3 million. 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
Recently Posted Legal Case Studies
| DESCRIPTION | |
|---|---|
| Prescriptions Switched, Causing Man to Not Take Thyroid Replacement Hormone Medication for About Three Months - Hospitalization Required - $125,000 Verdict. | |
| Woman Falls on Treadmill She Used at Physical Therapy Facility Without Prescription for Its Use - Fractured Shoulder - $80,125 Verdict. | |
| Dilaudid Prescription Filled With Dexamethasone - Cushing’s Syndrome and Depression - $2.5 Million Verdict. | |
| Man Falls Dismounting Stationary Bicycle - Bicycle Falls on Film, Fracturing Neck - Fusion Required - $1.49 Million Settlement. | |
| Man Claims Vicodin Over-Prescribed for Over a Decade - Liver Damage Requires Liver Transplant - $1.425 Million Arbitration Award. | |
| Amphotericin Ordered for Child With Infection Following Appendectomy Prepared in Adult Dosage, Instead of Child Dosage - Cardiac Arrest and Renal Failure - $3.85 Million Settlement Includes $200,000 to Child’s Sister, Who Witnessed Arrest. | |
| Blind Man Dispensed 50 Microgram Fentanyl Patches, instead of the Prescribed 25 Microgram Patches - Overdose Blamed for Worsening of Sleep Apnea - $200,000 Settlement. | |
| Fall During Leg Lift Exercises Causes Ankle Fracture - $125,000 Verdict. | |
| Man Claims E-Stimulation Machine Caused Third-Degree Burn Over Sacrum - Tenderness in Area Remains After Healing - Defendant Claims Burn Was From Use of Heating Pad at Home - Defense Verdict. | |
| Woman Claims Abandonment by Psychologist - Defendant Claims Plaintiff Wouldn’t Follow His Orders and She Stalked Him After Treatment Was Terminated - Defense Verdict. | |
| Obese Man Falls From Stretcher While Being Lifted Into Ambulance - $4,761 Verdict. | |
| Injury to Knee Blamed on Improper Manipulation During Stretching of Knee - Defendant Blames Problems on Long-Standing Degenerative Injuries - Defense Verdict. |
