Articles Tagged With: liability
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Poor Pediatric Readiness Is Big Risk Management Worry
ED readiness is based on national guidelines for ED pediatric care. Facilities should follow these guidelines closely.
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Liability Exposure for Vendor ‘Extremely Difficult’ if AI Tool Used in ED
Multiple recent studies have demonstrated the benefits of artificial intelligence tools in the ED, particularly for radiology and clinical decision-making. However, numerous issues need to be considered.
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No Liability for Hospital Under Emergency Medical Treatment and Labor Act
This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment. -
Defense Ruling on Appeal for Radiologist Who Reviewed and Reported Imaging Results
This case demonstrates both procedural and substantive defenses for physicians and care providers. For the procedural side, the reversal by the appellate court reveals defendants in malpractice cases need not always wait for a jury to determine the care provider did not act negligently. -
Claims Involving Physician Assistant Care Continue
Malpractice claims involving physician assistants in the ED have increased in recent years and are continuing to come up, according to interviews with legal experts. Most emergency physicians who voice concerns are worried about finding themselves defendants in lawsuits — when they never saw or even knew about the patient. -
NPDB Reporting Protected by Law in Some Cases, Gray Areas Problematic
Hospitals enjoy substantial protection when reporting physicians to the National Practitioner Data Bank (NPDB) in many situations, with laws protecting against retaliatory lawsuits as long as the hospital was required to report and followed appropriate protocols. However, there are situations in which reporting to the NPDB is not required but might still be the right thing to do when leaders are concerned about a clinician’s threat to patient safety. In those circumstances, the protection against liability is not ironclad. -
Healthcare Entities Protected from Vaccine Liability, but Risks Remain
Healthcare organizations are afforded substantial protection from liability related to administering the COVID-19 vaccines, but there are ways to void that protection and create vulnerability for plaintiffs’ attorneys. With more than 100 million people fully vaccinated in the United States, it is inevitable some will try to claim damages and sue the organization that administered the vaccine. -
Communication and Resolution Programs Are Alternative to Malpractice Claims
Considering signs of financial uncertainty in liability insurance markets, it is an excellent time for EDs to study communication and resolution programs as an alternative to malpractice litigation, the authors of a recent paper argued.
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EDs Face Legal Trouble if Patient’s Advance Directive Not Followed
Emergency physicians worry about litigation because they did not save a patient’s life. However, few realize there are considerable legal risks if aggressive end-of-life care is provided against the patient’s wishes. Several recent million-dollar settlements have involved ED patients who were resuscitated or intubated against the documented wishes in their advance directives.
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‘Blatant Wrongdoing’: Wrongful Prolongation of Life Cases Surge
An expert witness who has testified in multiple wrongful prolongation of life cases and has advised health systems on how to avoid these cases shares helpful advice in the Q&A.