ED Legal Letter – October 1, 2009

October 1, 2009

• Health Care Reform: Should It Grant Physicians Immunity for EMTALA-Mandated Services?

  The federal government, through the Emergency Medical Treatment and Active Labor Act (EMTALA), as well as some states such as California and Florida, mandates hospitals and physicians to provide medical services to anyone presenting to the hospital's emergency department (ED). Why shouldn't governmental liability protections, such as immunity and/or damage limitations, apply to providers of emergency services?

  Read more

• Special Report: Medicolegal Aspects of Informed Consent in the ED

  Anyone recently considering an elective medical procedure knows that physicians' efforts in obtaining proper informed consent have become increasingly elaborate.

  Read more

• What Are the Biggest Liability Risks Involving ED Handoffs?

  The electrocardiogram (EKG) and x-ray of a chest pain patient in his mid-50s were both normal when examined by the treating ED physician. However, the physician's shift ended before the patient's lab results were back. Based on the test results that were back, the oncoming ED physician discharged the patient as "chest pain, non-cardiac." Several hours later, the lab results came back with critical values.

  Read more