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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




February 2010 Legal Case Study



Fall During Leg Lift Exercises Causes Ankle Fracture - $125,000 Verdict.

The plaintiff, age forty-three, was receiving physical therapy in March 2006. During leg lift exercises the plaintiff fell and broke her ankle.

The plaintiff required surgical placement of a plate and a second surgery the following year due to non-union. At the time of the incident the plaintiff was recovering from the onset of Guillian-Barre syndrome. She had been on the rehabilitation floor of the hospital for three weeks to strengthen her muscles and prepare for discharge.

The plaintiff claimed that she was exercised past the point of exhaustion and that the exercise should have been stopped before she fell. The plaintiff also claimed that she should have been given an ankle brace before she started her exercises.

The defendant argued that the plaintiff had done the same exercises before without a brace and had not experienced any problems.

According to a published account a $125,000 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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