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ED Legal Letter – May 1, 2014
May 1, 2014
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Is Georgia’s Emergency Care Tort Reform Coming Apart?
In a series of recent decisions, the Georgias appellate and supreme courts diluted application of the clear and convincing gross negligence standard installed by Georgias tort reform statute; and they have also advanced exceptions to the law that allow plaintiff attorneys to circumvent the legislatures intended tougher standards required to prove medical malpractice. -
EP "Anchoring" on a Diagnosis Can Result in Malpractice Claim
A patient with a chief complaint of back pain also reported leg weakness to the emergency physician (EP) evaluating him, but the EP assumed the weakness was related to the back pain. -
Patient History Is Frequent Issue in ED Med/Mal Claims
A patients history frequently becomes an issue in malpractice claims against emergency physicians (EPs), says Phillip B. Toutant, Esq., an attorney in the Southfield, MI, office of The Health Law Partners -
Change of Shift Is "Rife with Potential Legal Exposure" for Both EPs
A recent malpractice case involved an elderly man who was diagnosed with a gastrointestinal (GI) bleed by an emergency physician (EP), who determined that the patient should be admitted.