Reference no: EM133472912

Joseph is an outpatient PT in a busy urban practice. Smith, age 85, is one of her patients. Smith's with a patient who has fallen to the floor while ambulating in parallel bars. Once that patient is checked out and stabilized, Susan returns to check on Smith, 22 minutes later. Susan notes that she had forgotten to insulate Smith's treated area with towels. A resultant 2nd degree hot pack burn ensusans. Susan immediately calls Joseph over to the scene and admits that she failed to use towels between the hot pack and Smith's skin. Joseph calls Dr. Tom, Smith's referring physician. Dr. Tom orders Joseph to transport diagnosis is post-operative right hip arthroplasty with moderate pain. Joseph directs her aide, Susan, to apply a moist heat pad to Smith's affected area of discomfort. Susan applies the hot pack, leaves a bell and 8-minute timer with Smith, and moves on to attend to other patients. Joseph and Susan become preoccupied Smith to the emergency room in a building adjacent to the PT clinic. Joseph complies. An exam by a physician assistant (PA) there reveals that Smith sustained a 2nd-degree thigh burn from the hot pack. The PA orders appropriate home treatment for Smith and places a one-week hold on PT. By the evening, Smith's burn has developed into a 6-inch diameter blister, prompting Smith to return to the ER for follow-up. The next morning, Smith and his attorney discuss pursuing legal action against Joseph, Susan, the clinic and Dr. Tom.

Define each of the following legal actions available to Smith: a civil malpractice lawsuit, mediation, and arbitration and Identify 3 aspects of each of these legal actions available to Smith . Also Identify and discuss the specific liability exposure for each of the following potential defendants: Joseph (PT), Susan (aide), and the PT clinic for Smith's burn.