ED Legal Letter – November 1, 2019
November 1, 2019
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Emergency Medicine Residency Programs Devote Little Time to Malpractice Education
Only 18% of emergency medicine (EM) residency programs offer more than four hours a year of medical malpractice/risk management education, according to the authors of a recent study.
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It Was Too Early to Detect Sepsis: Can Defense Team Prove It?
Sepsis is not always diagnosable, or even present, at the time of an ED visit. All testing performed in the ED may provide negative results. Despite these facts, plaintiffs still may prevail in a missed sepsis lawsuit. -
Study: 1 in 5 EMTALA Settlements Involves Psychiatric Emergencies
One expert says EDs should address mental health emergencies with the same vigor as trauma, cardiac, and stroke episodes.
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Consults, Studies Recommended By Others Carry Med/Mal Implications for EPs
Somewhere in the ED chart, somebody recommends involvement of a particular specialist, or that a specific study should be conducted. When this kind of recommendation is documented but never acted on, it can mean legal trouble for the EP.
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Venting to Colleague About Med/Mal Case Can Trigger Subpoena
A more realistic instruction might be: Don’t tell anyone anything about an active lawsuit that you wouldn’t want the jury to hear.
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Plaintiff Expert Looks for ‘Smoking Gun,’ But Often Finds No Evidence of Malpractice
Often, plaintiff experts are viewed as people who are out to get the EP. In reality, most of the time they find no evidence of malpractice.