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.
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
Read Previous Issues of the HPSO Special Edition Legal Case Study: Physical Therapist Edition
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
Read Previous Issues of the HPSO Special Edition Legal Case Study: Pharmacist Edition
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
Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition
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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