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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




May 2010 Legal Case Study



Man Claims Vicodin Over-Prescribed for Over a Decade - Liver Damage Requires Liver Transplant - $1.425 Million Arbitration Award.

The plaintiff was prescribed Vicodin from 1990 to 2006 by orthopedic surgeon. The plaintiff had undergone surgery on his leg as a teenager which required a prosthesis. The prosthesis migrated out of his femur over time, causing pain and the Vicodin was prescribed for the pain.

At one point, a pharmacist told the plaintiff that his prescriptions could not be refilled as often as he was bringing them in.

The defendant maintained that the plaintiff was given a prescription to an outside pharmacy because he claimed that he could not endure the lengthy lines at the pharmacy, but then filled both the pharmacy prescription and the outside prescription.

The plaintiff claimed that he developed liver failure from the Vicodin and underwent a liver transplant. The plaintiff claimed that he had been prescribed an excessive amount of Vicodin.

The defendant maintained that the plaintiff had been encouraged to undergo pain management therapy, but had refused. The defendant also claimed that the pharmacist and an outside pharmacist had warned the plaintiff of the dangers of taking more than the prescribed amount of Vicodin.

The defendant maintained that the plaintiff had taken the medication for years without problems and must have taken a much larger dose at one time to cause the liver failure.

According to a published account a $1,425,000 arbitration award was given.

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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