ED Legal Letter – December 1, 2017
December 1, 2017
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ED Claims Involving High-dose Analgesics Carry Jury Appeal
Recent successful ED claims involving high-dose analgesics focused on failure to monitor patients and improper discharge. The malpractice lawsuits alleged that a patient was seriously injured because he or she was allowed to leave the ED while sedated, a patient went into respiratory arrest because of unsafe discharge, and the ED failed to monitor a patient adequately, resulting in the patient’s death.
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Did ED Prescription Spark Opioid Addiction? Causation Tough to Prove
Plaintiff attorneys may try to link a patient’s addiction to an ED prescription, but linking causation to one specific EP is difficult. EPs can reduce legal risks by checking available registries to identify high-risk patients, posting clear guidelines on prescribing practices in ED waiting rooms, and using caution about referring screening to social workers or behavioral health specialists.
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Surprising New Data on Missed Acute Coronary Syndrome in EDs
Lack of “typical” symptoms cannot rule out acute coronary syndrome, and “atypical” symptoms should raise the EP’s index of suspicion, according to a recent review of the literature.
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ECG Overload? EP Might Miss Subtle STEMI
It’s not uncommon for EPs to be presented with dozens of ECGs during a shift. The large number of ECGs performed at triage could lead to an unintended legal consequence: increasing the possibility of missed ST-elevation myocardial infarction (STEMI), especially those that are subtle or atypical presentations.
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Some Plaintiffs' ‘Experts’ Have Never Worked in ED
It’s never easy for an EP to listen to an expert witness testify that their care was negligent, but it’s harder to take coming from someone who hasn’t worked in an ED in many years — or ever.
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Excessive ED Waits Are Trigger for Malpractice Lawsuits
EPs can expect wait times to become an issue in any litigation in which an ED patient was diagnosed with a time-sensitive disease process.
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Take Steam Out of Plaintiff’s Missed Fracture Claim
About 2% of minor trauma patients presenting to a Belgian ED leave with a missed diagnosis, according to a recent study. Of 56 minor trauma patients with missed diagnoses, the most frequently missed diagnoses were ankle, wrist, and foot fractures.