ED Legal Letter – November 1, 2015

November 1, 2015

• Teamwork Is ‘Huge Problem in ED Setting’

  “This whole teamwork concept that the IOM is trying to promote is a huge problem in the ED setting.”

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• Best Defense Against Misdiagnosis Claim?

  A look at best practices that can strengthen the EP’s defense against a malpractice suit alleging misdiagnosis of an ED patient.

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• EPs May Be Unaware of Unique EMTALA Risks Posed by Obstetric Patients

  Does a pregnant patient want to leave your ED and go to a different hospital — the one at which she plans to deliver? If so, the EP faces some potentially significant legal risks.

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• What If Med/Mal Payout Exceeds Policy Limit?

  While defendant EPs might be alarmed over threats to seize property and other assets, such threats might be legally problematic for a plaintiff’s attorney to actually carry out.

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• Legal Risks of Googling ED Patients Unclear, Cases Likely Coming

  Conducting Internet searches on ED patients can be problematic, particularly when the physician does not have a clinically relevant reason for looking into the patient’s online life.

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• Are ED Policies Inflexible?

  Emergency department policies are neither a perfect sword nor a perfect shield.

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