ED Legal Letter – October 1, 2006

October 1, 2006

• Michigan's non-economic damages cap ruled constitutional; the cap applies to EMTALA claims

  The case of Smith v. Botsford General Hospital contains a number of fascinating aspects and lessons for hospital-based emergency providers.

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• The biggest liability risks in the ED during disasters

  To avoid legal problems for your ED during disasters, it's not enough to have a good plan in place--you must ensure that staff are familiar with procedures and follow them.

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• Statute of limitations: How it affects ED cases

  The "discovery rule" plays an important role in many medical malpractice cases, including those arising from ED care. Under this rule, the statute of limitations does not begin to run until the patient "knew or should have known" that a viable claim exists.

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• Special Report: Striking the Balance: HIPAA & the ED

  The public nature and crisis setting of an emergency department (ED) makes the protection of confidential health information under the Health Insurance Portability and Accountability Act (HIPAA) particularly challenging.

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