ED Legal Letter – February 1, 2020
February 1, 2020
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Emergency Medicine Specialty Most Likely to be Named in Acute Stroke Malpractice Claims
Emergency physicians (EPs) are the specialty most likely to be sued in acute stroke cases, according to a recent analysis. One-third of malpractice claims named EPs. In contrast, neurologists were named in just 17% of claims.
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Analysis of Stroke Malpractice Cases Reveals Reason for ED Diagnostic Errors
Breakdowns in the initial patient-provider encounter were the most frequent source of diagnostic error in ischemic stroke malpractice cases, according to the authors of a recent analysis.
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Plaintiffs Use Loss of Chance to Prevail in ED Malpractice Claim
Plaintiff attorneys do not always need to prove that an EP’s negligence directly caused a patient’s bad outcome. Instead, they allege only that the plaintiff was deprived of the possibility of a better outcome. Often, these “loss of chance” claims involve missed or delayed diagnosis of stroke.
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EPs Named in Med/Mal Lawsuits Receive Higher Patient Experience Scores
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ED Med/Mal Claims Can Become Licensing Board Actions Quickly
To avoid issues with state licensing boards in the event of malpractice litigation, one expert suggests EPs check whether their professional liability insurance covers representation for a board action.
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ED Patients Taken Off Monitors, Alarms Ignored: Med/Mal Suit Likely
Any patient with symptoms worrisome enough to require cardiac monitoring reasonably expects that somebody is paying close attention. The same is true of patients who need frequent blood pressure monitoring, or those with signs and symptoms of sepsis. However, in some cases, patients deteriorate without anyone realizing.
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Most Common Allegation in PE/DVT Malpractice Claims? Failure to Diagnose and Treat
Learn about the essential documentation that can prevent problems.
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Damage Caps Can Lead to Unintended Consequences for ED Malpractice
Damage caps render many cases economically unfeasible for plaintiffs’ counsel to pursue. Nonetheless, many ED providers still fear losing what may be an otherwise baseless malpractice claim. Tort reform is a safeguard against these scenarios, but the view looks different from the plaintiff’s perspective.
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Any Discrepancy in ED Chart Hurts All Med/Mal Defendants
With multiple providers documenting in the ED medical record, there are bound to be some discrepancies from time to time. However, the chart must reflect that discrepancies were recognized and considered by the ED provider.