ED Legal Letter – May 1, 2011
May 1, 2011
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Supreme Court Turns Down EMTALA Case — Prompts CMS to Reconsider Applying EMTALA to Inpatients
The U.S. Supreme Court declined to review the controversial 6th Circuit decision in the case of Moses v. Providence Hospital, where the federal appeals court rejected Centers for Medicare & Medicaid Services' (CMS) rule that EMTALA ends once a hospital admits a patient in good faith for further stabilizing care. -
About to Date an ED Patient? Don't Ignore These Legal Risks
Developing personal relationships with ED patients involves ethical, as well as possible legal implications, says William Sullivan, DO, JD, FACEP, director of emergency services at St. Margaret's Hospital in Spring Valley, IL, and a Frankfort, IL-based practicing attorney. "Some ethicists have questioned whether it is wise to merge one's social and professional lives," he adds. -
Relationship with Patient and Still Treating? Lawsuit Possible
If an emergency physician (EP) continues to treat a patient after a social relationship has developed, he or she faces significant legal risks, according to Jennifer Lawter, RN, JD, vice president of risk management at EPMG in Ann Arbor, MI. -
Discrepancies in Readings of ED X-rays Pose Risks
After the emergency physician's (EP) preliminary reading of a seizure patient's X-ray was negative, the patient was discharged, but the following day, the radiologist's report showed compression of the spine. -
Tempted to "Cover Yourself?" It May Backfire
If you have a conflict with a colleague, do you document only facts and objective observations or accusatory statements such as, "Despite my intervention, the doctor refused to acknowledge what I am telling him?"