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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




September 2010 Legal Case Study



Prescriptions Switched, Causing Man to Not Take Thyroid Replacement Hormone Medication for About Three Months - Hospitalization Required - $125,000 Verdict.

The plaintiff filled two prescriptions at the pharmacy at the grocery store. The medications were apparently switched and over the summer, while he thought he was taking his thyroid replacement hormone medication, he was actually taking a different drug.

He deteriorated over the summer and ultimately was hospitalized in September 2005. He required three days of hospitalization.

The defendant maintained that there was no evidence that the pharmacy had switched the drugs since the plaintiff had taken all of the medication dispensed.

The defendant maintained that the plaintiff did not take his medication as prescribed.

Mediation resulted in a determination that the case had no value. A $10,000 offer by the defendant was refused.

The defendant’s arguments at trial were that the pharmacy did not make an error and that the plaintiff should have recognized that the pills were mixed up because they were not the same color as his previous prescriptions.

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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