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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



August 2009 Legal Case Study
Prescription for Equetro for Child Filled With 300 Milligram Pills, Instead of 100 Milligram Pills - Overdose Causes Convulsions - Confidential Settlement.

The plaintiff, age six, was on a prescription for bipolar disorder. In June 2006, a pharmacist misfilled a prescription for Equetro capsules. The prescription was for 100 milligram pills, but it was filled with 300 milligram capsules. The bottle was labeled as 100 milligram capsules with the same prescription instructions for two capsules in the morning and four capsules at bedtime.

This caused the plaintiff to be given an adult dose of the medication. On the morning after the first day the plaintiff could not be awakened. When he did become somewhat aroused, he began convulsing. He quit breathing and turned blue. He was rushed to an emergency room. Poison Control was contacted and the pharmacy was called to try to verify the dosage. The hospital then discovered that there were 300 milligram pills in the bottle.

The child was transferred to a children’s hospital. He was discharged three days later. No lasting effects of the overdose were ever diagnosed.

Accord in to a Reporter a confidential 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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