ED Legal Letter – March 1, 2020
March 1, 2020
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EHR Issues Arising in ED Malpractice Lawsuits: Info Is Outdated, Incorrect, or Missing
Electronic health record (EHR) issues are coming up in malpractice lawsuits against ED providers. Seven such cases were included in a recent analysis of 216 closed claims occurring from 2010 to 2018 in which EHRs contributed to injury.
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EHR Can Make ED Documentation Appear Suspicious
While electronic health records offer many benefits to ED providers, they also carry some inherent risks. Learn more about specific examples of issues that can result in malpractice litigation.
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Analysis: Myocardial Infarction Most Commonly Missed Diagnosis
Researchers recommended additional training in reading ECGs and recognizing atypical presentations of myocardial infarction to reduce missed diagnoses.
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ED a High-Risk Setting for Physician Trainees
When physician trainees (residents or fellows) were involved in harm events, the ED was a higher-risk setting than inpatient or outpatient areas, according to the authors of a recent analysis. However, that does not necessarily mean the trainee was from emergency medicine.
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Timing of Pulmonary Embolism Crucial Factor in ED Malpractice Claims
After recently reviewing a missed pulmonary embolism malpractice case against an emergency physician, an expert found some disturbing implications.
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Problematic Hospital Policies Can Be Used Against ED Defendants
Policies should be viewed as general guidelines, always leaving ample room for individual physician discretion. There cannot be a one-size-fits-all approach, even for patients with the same diagnosis.
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Causation Difficult for Plaintiff in ED Malpractice Claim
Generally, plaintiff attorneys find some aspect of care that was arguably beneath the standard of care. Likewise, they can show the ED provider was acting in the scope of his or her employment. However, causation often is a difficult problem.