ED Legal Letter – February 1, 2018
February 1, 2018
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EPs Face Legal Exposure as ‘Captain of the Ship,’ Even for Triage Mistakes
An EP could be hundreds of feet away when a patient with a life-threatening condition is mistriaged. That doesn’t necessarily stop an affected patient from suing that EP for the resulting adverse outcome.
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Late Electronic Medical Record Entries Create Indefensible ED Malpractice Claims
Malpractice cases may become indefensible if the forensic IT expert can prove the ED chart was altered in some way. Data regarding physical examination or history can appear self-serving. The veracity of altered information will be questioned. Even if the EP’s motive was valid, it may appear otherwise.
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Sparse Neurology Exam Complicates ED Defense of Missed Stroke
Sparse or inaccurate charting allows plaintiff attorneys to allege inadequate neurological examination in missed stroke cases against EPs. However, documentation that includes a thorough description of all the aspects of the exam, an explanation of why the EP didn’t think stroke was likely, and an indication that the EP consulted a neurologist can help the defense.
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‘Gotcha’ Deposition Questions Can Devastate Even Well-prepared EPs
Deposition questions are designed to elicit damaging testimony from EPs. A “yes” response to a seemingly innocuous question about the standard of care can lead to a world of trouble for the defense team.
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ED Providers’ Documentation Clashes Help Plaintiffs Prove Negligence
If ED providers’ documentation conflicts in any way, plaintiff attorneys will use this to bolster a malpractice case. Conflicting documentation makes it difficult for either side to determine what really happened.