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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



June 2009 Legal Case Study
Psychologist Claims No Doctor-Patient Relationship Existed With Attorney Who Committed Suicide Shortly After Meeting Where Psychologist was Present - Defense Verdict.

The defendant psychologist was hired by a law firm to consult regarding the plaintiff’s decedent. The decedent was one of the law firm’s partners whom they believed had a serious alcohol abuse problem. The defendant was present during a meeting with the decedent. Several hours after the meeting, the decedent became intoxicated and committed suicide with a self-inflicted shotgun wound.

The plaintiff alleged that the defendant psychologist and the decedent had formed a tangible doctor-patient relationship, and that the defendant’s conduct during the meeting did not meet the standard of care, resulting in the suicide death only hours after seeing the defendant. The plaintiff’s experts argued that even though there was no contract between the defendant and the decedent, the defendant psychologist owed a duty to the plaintiff.

The defendant contended that he was a consultant to the law firm only, and never had a defined treatment relationship with the decedent. Additionally, the defendant claimed that he met the standard of care and that nothing he did or failed to do contributed to the decedent’s independent decision to commit suicide.

The defendant’s experts testified that the decedent’s suicide death was caused by the decedent’s own independent and willful actions, and that this action was not foreseeable.

The jury returned a defense verdict, according to a report.

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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