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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




March 2009 Legal Case Study



Injury to Knee Blamed on Improper Manipulation During Stretching of Knee - Defendant Blames Problems on Long-Standing Degenerative Injuries - Defense Verdict.

The plaintiff, age sixty-nine, was undergoing treatment of osteoarthritis with pain from the lower back and derangement of his left knee. The plaintiff claimed that in June 2003 a physical therapist stretched and injured the left knee by improperly manipulating the knee. The knee was iced and leg-press exercises were prescribed, but the plaintiff claimed that the exercises aggravated his injury.

Three days later the plaintiff went to a physician. He later underwent an MRI scan which revealed tears of the posterior horns of the left knee’s lateral and medial menisci. The plaintiff underwent about two and one-half months of additional physical therapy at the center.

The plaintiff alleged negligence in the treatment of the knee. The defendant claimed that there was no negligence and that the MRI scan showed long-standing degenerative injuries which pre-existed the treatment.

According to a published account a defense verdict was 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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