ED Legal Letter – September 1, 2016

September 1, 2016

• Remove Non-emergent Patients from the ED with Care

  Emergency physicians should thoroughly document the screening exam and the absence of an emergency medical condition.

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• Warning Signs an EP’s Defense Strategy Conflicts with Co-defendant’s

  If an emergency physician suspects a co-defendant is complicating his or her own defense in any way, it’s important to convey this concern to the attorney and insurance representative.

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• Embarrassing Texts Led to Settlement of Med/Mal Claims

  Parties may believe private communication will remain private, but experts warn texts can be fair game during a legal discovery process.

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• These Common Mistakes Resulted in Missed Ectopic Claims

  Emergency physicians should perform and document serial exams for patients with unexplained abdominal pain.

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• EMTALA Violation Could Bolster Weak Malpractice Claim Against EP

  Depending on the state, monetary awards vary.

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• Patients Decide Not to Sue After Hearing EP’s Honest Explanation for Bad Outcome

  Plaintiff attorneys realize claims are unwinnable.

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