ED Legal Letter – November 1, 2016
November 1, 2016
View Issues
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What if a Plaintiff Can’t Prove an EP Was Negligent?
Liability exposure still exists with ‘loss of chance’ claims.
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Identify, Counsel EPs Frequently Targeted in Med/Mal Suits
Very small number of EPs account for vast majority of litigation.
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Who’s Ultimately Responsible for Bad Outcomes?
Whoever saw the patient last generally bears the brunt of the blame.
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Keep in Mind Legal Risks When Transferring ED Psychiatric Patients
Most EDs lack the facilities to properly care for emergency psychiatric patients, which is of particular concern if the patient was brought to the hospital on a legal hold, or if one was imposed after the patient arrived.
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Patient’s Signature on AMA Form Won’t Stop Successful Lawsuit
Supporting documentation in ED chart is vital.