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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




August 2010 Legal Case Study



Woman Falls on Treadmill She Used at Physical Therapy Facility Without Prescription for Its Use - Fractured Shoulder - $80,125 Verdict.

The plaintiff, age sixty-six, was prescribed physical therapy at the defendant facility by her orthopedic doctor. She had suffered a left shoulder tear of unknown origin.

At her sixth visit at the defendant facility, she stepped on a treadmill she had previously used, although it was not prescribed.

She started the treadmill and fell immediately to the ground. She sustained a compound fracture to the left shoulder. Open reduction with internal fixation was recommended, but the plaintiff refused surgery due to her religious beliefs.

The plaintiff alleged negligence in the lack of supervision by the therapist.

The therapist denied giving the plaintiff permission to use the treadmill at the time of the incident, but admitted giving the plaintiff permission to use it in the past.

According to Reports a $80,125 verdict was returned, which was reduced by fifty percent comparative negligence and medical bills previously paid.

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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