Articles Tagged With: liability
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Hospitals Sued for Wrongful Prolongation of Life: Ethicists Offer Unique Expertise
The point of the litigation is it is a medical error to provide too much treatment, just as it is to provide too little treatment. If it is clear patients did not want it, then clinicians should not provide it.
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Considerable Legal Risks for EDs if Discharged Patients ‘Bounce Back’
Patients with a history of substance abuse or chronic pain were most likely to “bounce back” to the ED, according to the authors of a study.
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Physician Judgment Case Might Mean More Risk from FCA
Clinicians make judgment calls every day that do not always turn out to be correct, even when they are made in good faith. A recent court decision regarding the medical necessity of hospice care could put clinicians and hospitals at risk of False Claims Act allegations when judgment calls turn out wrong.
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Layers of Legal Protections for Peer Review Committees
A hospital’s executive and officers liability insurance usually will apply to peer review committee members. There also are protections under federal law providing immunity for participation, particularly the Healthcare Quality Improvement Act. There are state-level statutes to provide immunity, although those laws vary widely.
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Finger-Pointing in Nurse Charting Is Opportunity for Plaintiff
Emergency nurses and physicians may not understand the liability implications of using charts to air grievances. A unified defense is recognized as the best approach for all defendants in ED malpractice claims, but finger-pointing notes make it difficult. Physicians and nurses should meet briefly before each shift to discuss the importance of teamwork, not only regarding patient care but also documentation.
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Discharge of Psychiatric Patients Is Legal Landmine for EDs
If a patient with psychiatric symptoms experiences a poor outcome shortly after discharge from an ED, allegations of inadequate medical screening are possible. Good documentation is the best protection against these allegations.
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ED Nurses Also Face Liability for Misdiagnosis
The idea that it is not within the nurses’ scope of practice to contribute to diagnosis is both dangerous and wrong.
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Annual Physician Liability Survey Reveals Hardening Markets
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Pediatric Psych Visits Surging in EDs, Along with Medical Malpractice Risks
Before pediatric psychiatric patients are discharged from the ED, carefully document the visit and create a follow-up plan with a primary care physician or mental health professional. For patients presenting with suicidal ideation, a social worker or mental health clinician should develop a safety plan.
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Too Many EP Malpractice Claims Could Mean Liability for Hospital
In most states, hospitals already are vicariously liable for the actions of their hospital-based physicians. It is more difficult to defend the care of a clinician who is sued constantly.