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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.
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Case Study: Improper Performance Using Therapeutic Exercise The patient (plaintiff) was a nine year old child with cerebral palsy who had undergone extensive surgery for correction of bilateral ankle contractures. He was referred back to physical therapy following removal of the casts from both legs. In addition to his surgery, the patient had a history of balance problems, as well as pain and weakness on his right side. He was well known to the physical therapist (defendant) who had provided his strengthening and balance therapy prior to surgery. Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Physical Therapist Edition |
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Case Study: Alleged dispensing of wrong drug resulting in the premature delivery of a 23 week old fetus with subsequent brain damage The patient (plaintiff) was a 23-year old female who was 23weeks pregnant and had been experiencing slight vaginal bleeding with a suspected inadequate cervix. She was admitted to the inpatient obstetrical unit for observation and bed rest. Her physician ordered a progesterone suppository to stop the bleeding. Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Pharmacist Edition
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Case Study: Alleged incorrect diagnosis, breach of confidentiality and improper recommendation to the client's wife that she seek family protective services The defendant counselor deemed the husband to be at risk for injuring himself and further believed he was at significant risk for injuring his wife and his children. The defendant counselor recommended that the wife obtain assistance from family protective services and the wife did so. Upon the advice of the family protective services counselor, the wife moved with the children to a location several hundred miles away from the husband and subsequently filed for divorce. Read the Full Case with Risk Management Recommendations |
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Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition
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May 2012 Legal Case Study |
| Failure to Immediately Transport Man to Nearest Hospital Blamed for Exacerbation of Effects of Stroke - Defense Verdict. |
The plaintiff, age forty-one, fell at home and became non-responsive. His family called 911. The plaintiff lived in a town near the border of two counties in his state. Paramedics from one county and EMTs from the second county responded. The paramedics determined that this was not an advanced lifesaving incident and transferred the plaintiff’s care to the EMTs. The family wanted the plaintiff transported to the closest hospital, but the EMTs were informed that the nearest hospital was too busy to accept new patients and offered to take the plaintiff to the next closest hospital. The family continued to insist on transport to the nearest hospital. The EMTs obtained a release from transport and the family took the man to the nearest hospital, where it was determined that he had suffered a stroke. The plaintiff claimed that the nearest hospital was accepting new patients by ambulance and that the release not to transport was not proper because of a language barrier. The plaintiff claimed that there was a fifteen minute delay in getting the plaintiff to a hospital, which exacerbated his injuries and permanent paralysis. The defendants denied any negligence and contended that the paramedics had determined that this was not an advanced lifesaving incident. The defendants also claimed that the EMTs had spoken with a bilingual family member on the phone, who had relayed the information to a family member in the home, following which the release was signed. The EMTs claimed that there was no delay in obtaining treatment, but argued that any delay did not cause the plaintiff further injury. 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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Recently Posted Legal Case Studies
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| Physical Therapy Session Alleged to Include Excessive Force - Rotator Cuff Tear - Defendant Claims Tear Was Present Before Treatment - Defense Verdict. | |
| Woman Claims Electrode From Russian Stimulation During Physical Therapy Placed Near Stellate Ganglion, Causing Autonomic Nervous System Injury - Defense Verdict. | |
| Epidural Pump Stolen From Woman's Room by Physician's Assistant While She is in Labor | |
| Failure to Diagnose Vitamin B12 Deficiency Promptly - Blindness and Confusion - Confidential Settlement. | |
| Failure to Diagnose Twisted Bowel - Death - $3.25 Million Settlement. | |
| Woman Claims Blood Draw Caused Artery and Nerve Damage in Arm - Defense Verdict. | |
| Failure to Diagnose Injury to Popliteal Artery Blamed for Need for Amputation After Fall - Defense Verdict. | |
| Claims Made Against Prescribing Physician and Pharmacy Claim Lack of Information Regarding Risk of Suicide With Use of Paxil - Man Commits Suicide Four Days After Starting Paxil - Defense Verdict. | |
| Ambulance EMT's Fail to Raise Rail on One Side of Bed at Transfer From Gurney - Elderly Woman Transported From Nursing Home Falls, Leading to Death - Defense Verdict. | |
| Young Woman Claims Bactrim Was Improperly Prescribed for Acne Treatment - Steven's-Johnson Syndrome | |
| Girl With Fractured Femur and Complicated Medical History Suffers Failure of External and Internal Fixator During Physical Therapy - $157,676 Net Verdict. | |
| Failure to Timely Perform Incision and Drainage for Abscess on Buttock of Fourteen-Month-Old Boy - Sepsis Develops, Necessitating Lengthy Hospital Stay Which Included Twelve Days in Induced Coma - Brain Damage - $233,939 Bench Verdict. |
