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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




September 2009 Legal Case Study



Failure to Properly Treat Complaints of Hearing Loss - Physician’s Assistant Maintains That Supervising Physician Recommended Treatment Provided Hearing Loss Permanent - Defense Verdict.

The plaintiff went to the defendant with complaints of right hearing loss and tinnitus for seven days. The defendant recommended treatment with Medrol (methylprednisolone). The plaintiff returned to the defendant a week later, when she was referred to an otolaryngologist. The otolaryngologist diagnosed sudden sensorineural hearing loss. The plaintiff was subsequently treated with high-dose steroids, but had no improvement in hearing.

The plaintiff claimed that the defendant physician’s assistant was negligent in her examination and treatment.

The defendant argued that she consulted with her supervising physician, who recommended the Medrol treatment. The defendant also argued that non-parties were at fault. The defendant additionally maintained that sudden sensorineural hearing loss is a rare condition and that treatment is controversial.

According to The Trial Reporter 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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