ED Legal Letter – May 1, 2020
May 1, 2020
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Malpractice Risks During COVID-19: ‘Really Enormous’ for ED Providers
Emergency department (ED) providers, overwhelmed with COVID-19 patients and at risk for contracting the virus, also face potential legal exposure. Many emergency physicians (EPs), ED nurses, and hospitals are stretching beyond a breaking point. What it all means for ED malpractice claims remains to be seen.
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Plaintiff Allegation: ‘I Should Have Been Tested’
Thousands of people have presented to emergency departments (EDs) with symptoms consistent with coronavirus. Not all have been tested for various reasons. Of those who were tested, some were discharged from the ED and never received the results. Of that group, some will die.
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ED Care Different During COVID-19; So Is the Legal Standard of Care
Liability for emergency department providers during the COVID-19 pandemic is different than normal times. It changes priorities somewhat. Care is geared more toward the public’s best interest, rather than doing the most good for one individual.
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Crisis Changes Priorities — and Possibly Clinical Practices
There is a tipping point for any emergency department (ED) when the normal standard of care is no longer possible. As the COVID-19 pandemic unfolds, some EDs are coming close to reaching it.
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Protections Enacted for ED Providers, but ‘Liability Changes Every Day’
There are states that have issued various executive orders to reduce liability of providers during the COVID-19 pandemic, but legal protections continue to evolve. Liability changes every day, depending on the developments in the regulatory infrastructure.
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Hospitals Are More Appealing Defendants Than Emergency Physicians
Even in normal circumstances, it usually is easier for a plaintiff attorney to criticize a big, impersonal hospital corporation than a practicing emergency physician.
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EMTALA at Issue During COVID-19
Recent updates regarding COVID-19 and changes to the Emergency Medical Treatment and Labor Act.