ED Legal Letter – July 1, 2017

July 1, 2017

• Deconstructing the Duty to Warn Doctrine

  It has been the generally accepted standard that a provider must warn a third party of the potential harm from a patient when there is significant threat of harm toward a reasonably identifiable person. However, the delicate balance of these ethical challenges has come under recent assault.

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• ED Patients in Observation Status Are Focus of Recent Med/Mal Cases

  Sending a patient to an observation unit is not legally analogous to admitting a patient to the hospital.

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• Recent Cases Spotlight Pressure to Admit ED Patients

  Anything not in patient’s best interest ‘unacceptable.’

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• Psych Patients Awaiting Transfer From ED Are High Legal Risks

  Legal risks include security, deterioration of the patient’s condition, and unsafe handoffs.

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• Unexpected Legal Risks of ED Patients With ‘Do Not Resuscitate’ Orders

  Patients or families could sue for unwanted interventions or for withholding resuscitative efforts.

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• Excessive Wait Times Common Issue in ED Malpractice Litigation

  Attorneys allege patient should have been seen immediately.

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