ED Legal Letter – April 1, 2013
April 1, 2013
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Informed Refusal: Just as Important as Informed Consent
Informed refusal is the antithesis of informed consent, a natural extension of the doctrine. Informed consent is discussed in great detail in the medical, legal, and risk-management literature; whereas informed refusal has received less attention. -
About to Transfer? Patient’s Stability Could Be Issue in Suit
Was a patient transferred without being intubated first because the emergency physician (EP) wasnt comfortable managing a difficult airway? -
Charting This on Transferred Patient Could Deter Lawsuit
If a patient deteriorates because of a transport and later sues, concerns will inevitably arise that the emergency physician (EP) didnt stabilize the patient prior to transport, or that the patient should not have been transferred, says John Tafuri, MD, FAAEM, regional director of TeamHealth Cleveland (OH) Clinic and chief of staff at Fairview Hospital, also in Cleveland. -
EPs Face Specific Legal Risks if Signing Children Out AMA
Is a parent refusing recommended care for a minor patient in the ED? -
Did Colleague Ask for "Curbside Care?"
Most emergency physicians (EPs) would never consider leaving a patients chart completely blank, as theyre well aware of the resulting liability risks, but caring for an ED colleague without documentation is no different, according to Martin Ogle, MD, FACEP, senior partner and vice president of CEP America, an Emeryville, CA-based provider of acute care staffing solutions.