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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 Treatment Resulting in Burn and Scarring

The plaintiff was a 40-year old female receiving physical therapy following surgery to her ankle. The defendant physical therapist applied a hot pack to the affected area for pain relief. Subsequent to leaving the physical therapy center, the patient called to report a burn on her ankle at the site of the heat treatment. 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: Alleged Failure to Require and Obtain Properly Completed Prescription Order Form; Failure to Inform Patient that Drug was Experimental in Oral Form; Failure to Adequately Inform Patient of Risks and Side Effects of Prescribed Experimental Medication

The 24 year old decedent/plaintiff had previously suffered severe leg injury and surgery resulting in chronic pain, restless leg syndrome and subsequent addiction to prescription medicine. He was receiving Methadone for unremitting pain. His physician ordered Ketamine tablets to be compounded and dispensed by the co-defendant pharmacy that employed the defendant pharmacist. (This is an "off-label" experimental form of Ketamine, as only injectable Ketamine is FDA approved.) 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: Negligent Treatment of Eating Disorder, Premature Discharge

The defendant counselor was a licensed chemical dependency and mental health counselor. He also owned (with his co-defendant spouse) the facility where the plaintiff was admitted for treatment of her eating disorder. The plaintiff was a 23-year-old female admitted to the defendant counselor's facility for treatment of depression and the eating disorder, anorexia. Read the Full Case with Risk Management Recommendations
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition



January 2012 Legal Case Study
Occupational Therapist Applies Pressure to Paraplegic Man's Femur Despite Knowing of Heterotopic Ossification - Fractured Femur Necessitates Permanent Colostomy - $1 Million Verdict.
The plaintiff, age sixty-eight, had fallen while trimming trees about six months earlier, causing him to be paraplegic. He underwent therapy at the defendant hospital immediately after his injury for bowel control to avoid a colostomy.

Several months into his treatment, he developed ischemic colitis, a temporary inflammation of the large intestine, which weakened his system. As he recovered, he was sent to the hospital’s rehabilitation facility for physical and occupational therapy.

This was intended to help him gain strength so he could transfer himself from his wheelchair to a toilet in order to avoid the need for a colostomy. The plaintiff had been diagnosed with heterotopic ossification (bone growth in the muscle adjacent to his femur), which was reportedly known by the defendant occupational therapist.

During an occupational therapy session in February 2007, the defendant occupational therapist applied pressure to the plaintiff’s hip/leg. In the process, the plaintiff’s femur was fractured.

The plaintiff underwent surgery to repair the fracture, but was unable to continue his therapy. He required a permanent colostomy. The plaintiff alleged negligence by the defendant occupational therapist in applying pressure to his femur.

The defendants claimed that the fracture was unavoidable. According to a published account a $1,050,000 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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