ED Legal Letter – November 1, 2014

November 1, 2014

• The Not So Good Samaritan: Assumptions Lead to Liability

  Health care providers are very fortunate to be compensated while performing a vital public service. However, most are honored to provide volunteer service, giving selflessly to their friends, communities, and often strangers. What could be more rewarding than serving mankind? What are the downsides?

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• Tempted to Give Misleading Info at Deposition? These Claims Against EPs Became Indefensible

  Given the soaring stress levels and high stakes of medical malpractice litigation, it’s probably not uncommon for an emergency physician (EP) defendant to have a fleeting thought of giving incorrect information during the discovery process.

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• ED Policies Can Get EP Dismissed in Claim Against PA — or Stuck in the Case

  Emergency physicians (EP) can expect to be named in any malpractice lawsuit involving care provided by a physician assistant (PA), but the question then becomes “Will the EP get dropped from the case?”

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• If ED Nursing Staff Are Stretched Too Thin, EP Faces Legal Risks

  If a patient’s bad outcome is clearly due to inadequate ED nursing staffing, the emergency physician (EP) on duty could end up being liable, even if he or she provided entirely appropriate care.

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• Delayed Triage: "Huge Liability Risk" for Emergency Physicians

  Allegations made against a hospital for delaying evaluation and treatment and causing the patient to deteriorate can easily be extended to the emergency physician (EP).

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