ED Legal Letter – September 1, 2020
September 1, 2020
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Evidence of Race Disparities in ED Could Support Negligence Claims
If plaintiffs allege they received poor care in an emergency department because of their race, it is important for the defense to consider evidence in the literature that the plaintiff attorney could use against the defendant.
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Simple Care, Concern Refute Perception of Bias that Fuels Lawsuits
It is not hard to imagine patients suspecting racial bias if they experience a rushed exam, long delays, or poor communication in the emergency department. Race is much more likely to become an issue if a provider behaves disrespectfully toward the patient.
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Delays After Triage Can Bolster ED Negligence Claims
The exact amount of time patients waited after arriving at the emergency department becomes a central issue in many malpractice claims.
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ED Malpractice Claims More Likely to Succeed if Policy Not Followed
The odds of a medical malpractice claim resulting in a payment increase by 145% if a policy was not followed at some point, according to the authors a new analysis.
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Courts, Plaintiff Attorneys Scrutinizing ED Boarding of Psychiatric Patients
Patients visit emergency departments (EDs) with acute psychiatric illnesses that need to be addressed. The problem is that hospitals may not be providing those services on an outpatient or inpatient basis. If the ED psychiatric patient requires inpatient services, there may be nowhere available to send the patient.
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Simulated Lawsuit Teaches Emergency Medicine Residents How Med/Mal Works
Most emergency medicine residents have no idea how malpractice litigation works. A residency program collaborated with a law school to create a realistic, fabricated case to dispel misconceptions.