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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




April 2009 Legal Case Study



Leukeran Dispensed Instead of Prescribed Leucovorin - Man Claims Increased Risk of Developing Leukemia - $350,000 Settlement.

The plaintiff, age sixty-five, was undergoing treatment for peripheral neuropathy which was causing foot pain. The physician prescribed Leucovorin, which was intended to lessen the side effects the plaintiff was experiencing with his medication.

The defendant pharmacy, however, dispensed the drug Leukeran, which is usually prescribed to treat certain leukemias or malignant lymphomas. Leukeran can lead to the development of leukemia in a cancer-free individual.

The plaintiff took the drug for about eleven months, during which time he experienced severe flu-like symptoms and depression, leading him to retire from employment earlier than planned. The pharmacy’s error was discovered when the plaintiff changed providers for his prescription medications and was dispensed the correct medication. After alerting his prescribing physician of the error, the plaintiff was referred to an oncologist, who advised him of the potential of Leukeran to cause leukemia.

The plaintiff alleged negligence in dispensing the wrong drug and maintained that he had an increased risk for developing leukemia.

According to a Verdict Reporter, a $350,000 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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