1. In the following situations, state the likelihood that a claim of negligence
ID: 121756 • Letter: 1
Question
1. In the following situations, state the likelihood that a claim of negligence could be substantiated. Do you have enough information to make this determination? If so, identify the person or persons whom you think might be held liable. If not , determine the additional information that you might need to make a decision.
A. A patient has had recent surgery to repair a torn rotator cuff. The PT instructs the PTA to progress the exercises "as tolerated," and the PTA has the patient start exercises using resistance. When the patient returns to the physician for a follow-up exam, the physician informs him that the repair does not appear to have been successful.
B. A patient has sustained a hip fracture and is not allowed to bear weight through the involved lower extremity, but he has difficulty maintaining his non-weight-bearing status during activity. While ambulating in physical therapyhe frequently puts his full weight onto his involved leg despite being reminded not to do so. The patient later needs a hip replacement due to the fracture not healing properly.
C. A patient performing stabilization exercises on a ball falls to the ground and breaks a wrist when the ball suddenly ruptures
D. A patient in the clinic parking lot slips and falls, hitting his head and sustaining a cut that requires stitches.
Explanation / Answer
1. In this case, additional information is needed whether PTA has strictly followed the instructions of PT. And whether patient has followed the instructions of PTA.
If PTA and patient have followed PT, then in such case PT is liable as there is no repair. Whereas, if PTA has not followed it properly, it’s the liability of PTA and same is the case with patient. Whoever has breached the duty will be liable.
2. In this case, claim could not be substantiated. There is a fault of patient to follow the duty as instructed. The patient is instructed not to bear weight through lower extremity but despite of reminding he did so. There is no breaching from the side of therapist. If it was difficult for patient to follow the duty, he could have discussed to the therapist to change the therapy in the way as feasible.
3. Claim can be substantiated as it is the fault of staff who did not checked whether the ball is alright to carry out an exercise. They failed to fulfil their duty of ensuring proper facility for exercising which resulted in fall and injury to the patient.
4. In this case, more information is needed to understand why the patient slipped and fallen down. Whether, the parking area was wet or having some oily spill or any reason of maintenance. If it was so, it’s the responsibility of hospital to clean that area or place a board indicating not to walk on that place. In such case claim can substantiate. Whereas, if the patient slipped because of his/her own fault or due to weakness, claim cannot be substantiated.
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