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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




July 2010 Legal Case Study



Dilaudid Prescription Filled With Dexamethasone - Cushing’s Syndrome and Depression - $2.5 Million Verdict.

The plaintiff had rheumatoid arthritis and obtained a prescription for Dilaudid from her physician in November 2006. She took it to the pharmacy to be filled.

The plaintiff was dispensed Dexamethasone.

After a couple of weeks the plaintiff noted that her pain continued. She returned to the pharmacy and was told that the prescription was correct.

She continued to have pain and went to her physician, who immediately realized the error.

The plaintiff was referred to another physician who gave her a prescription to taper the dosage of the Dexamethasone to wean her off gradually. The plaintiff, however, suffered depression, psychiatric disorders, brain damage, cognitive damage, exacerbation of her previous medical problems and Cushing’s Syndrome. The plaintiff declined from an active lifestyle to wheelchair confinement.

The plaintiff alleged negligence in dispensing the medication.

The defendant admitted negligence, but disputed any long-term, permanent injuries.

According to the Jury Verdict Reporter a $2.5 million 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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