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Research institutions often need a quick and efficient compliance and quality improvement strategy. One strategy that can satisfy those objectives is the corrective action plan (CAP).
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The U.S. Food and Drug Administration (FDA) in recent years has shifted its focus in ways that are resulting in more warning letters and audits conducted based on risk analysis targeting.
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All research institutions provide some ongoing education and training to staff, but these programs often are variable and dependent on which department is in charge.
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Whether a claim against an emergency physician (EP) is ultimately settled, defended, or dismissed, taking an upfront approach has resulted in quicker resolution of claims, reports Ryan Domengeaux, vice-president of enterprise risk management and internal counsel for Schumacher Group, an emergency medicine practice management company in Lafayette, LA.
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Under what circumstances might a plaintiff's team be willing to drop the emergency physician (EP) involved in a lawsuit and allow the hospital to settle with the patient?
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Plaintiff attorneys continue efforts to turn ordinary "failure to diagnose" malpractice claims into claims for "failure to provide an appropriate medical screening exam" under federal law, the Emergency Medical Treatment and Labor Act EMTALA.
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The vast majority of emergency nurses, during their entire career, will never be involved in a lawsuit, even as a witness, much less as a named defendant, according to Edie Brous, RN, Esq., a New York City-based nurse attorney. "There are many misperceptions about liability exposure," she says. "Although the fear of liability has increased, actual lawsuits, in fact, have not."
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Generally speaking, when an emergency physician (EP) loses a trial, it may take him or her a long time to recover personally, psychologically, and emotionally. "But with a few rather glaring exceptions, the public is unaware of that in large measure," according to Joseph P. McMenamin, MD, JD, FCLM, a partner at Richmond, VA-based McGuireWoods and a former practicing EP.