ED Legal Letter – September 1, 2018
September 1, 2018
View Issues
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Study: Electronic Medical Record Design Flaws Can Hurt Patients
Patients can be harmed when there are problems in electronic medical records related to how information is conveyed to other providers and how test results get displayed, according to a recent study.
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Is ED Patient’s Conduct a Viable Defense Strategy?
The plaintiff in one malpractice claim had been seen in the ED for injuries he sustained while fleeing the scene of a crime. However, it was unclear whether a jury would ever get to hear about the patient’s criminal conduct.
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ED Misdiagnosis Case Alleged Failure to Use Decision Tool
Failure to obtain an ordered ECG, failure to use a decision tool, and anchoring bias were factors in a recent ED malpractice claim alleging missed pulmonary embolism.
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No One Saw ED Nursing Notes? Jury May Not Like It
An ED patient was very specific during the nursing evaluation of his chest pain: It worsened during exertion. He also reported an extensive family history of cardiac problems. Both worrisome pieces of information were carefully documented in the ED nursing notes. However, they were mentioned nowhere in the EP’s documentation. This became a key issue during malpractice litigation.
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Hospitals Sued for False Imprisonment Due to Involuntary Holds
Recent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk.
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Multiple Theories of Liability Regarding ED Violence
An expert shares insights on third-party violence and hospital liability.