ED Legal Letter – December 1, 2010

December 1, 2010

• lMedical Malpractice and Risk Management — Part II of II

  Risk management is the process of identifying factors that may be a source of exposure to lawsuits and adverse outcomes.

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• ED Lawsuit? 'Boarding' Could Become a Factor

  Did a "boarded" ED patient have a bad outcome that can be in any way associated with a delay in diagnosis or treatment, or a failure to properly observe?

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• Standard of Care May Be Breached with Boarding

  If a bad outcome occurs with a boarded patient, what standard of care will the ED be held to?

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• Pray with ED Patients? Don't Fear Lawsuits

  If highly religious nurses or physicians feel that it is appropriate to pray with patients and to share their faith, some patients will appreciate this while others may not. However, it's unlikely this practice will lead to a lawsuit.

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• When Can ED Patients Sue for Wrongful Death?

  An ED physician, like any health care provider, can be sued for wrongful death whenever there is evidence that medical malpractice has caused a patient's death.

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