ED Legal Letter – October 1, 2020
October 1, 2020
View Issues
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Assessment, Documentation, and Protocols: All Tied to ED Malpractice Payouts
Malpractice claims are more likely to succeed if documentation is insufficient, if an assessment was inadequate, or if something was not handled according to policy or protocol.
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Essential ED Documentation Often Missing from Chart
Certain pieces of information, if omitted from the ED medical record, instantly raise concerns about the quality of the care provided. These missing items in particular complicate malpractice defense.
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Many Charts Lack Any Evidence of Thorough H&P
Often, a portion of the history, assessment, or evaluation was handled, but for whatever reason does not make it into the emergency medicine record. This makes it appear as though a poor or incomplete assessment was conducted. Double check these items to see they are included.
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Telehealth Booming in EDs, but Poses Some Unique Liability Risks
EDs are using telehealth for screening visits before arrival or for follow-up re-evaluations on COVID-19-positive patients. It is important to know what can be excluded safely in a telemedicine consult, and what requires urgent and/or emergent in-person follow-up.
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For EDs, Simulation Is Not Just for Training, It Is a Risk Management Tool
Some procedures are high-risk, but low-volume. Simulation is a way for ED providers to practice these uncommon procedures.
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Lawsuits Allege Abnormal Findings Were Missed After ED Patient was Admitted
Education on structured handoffs and closed loop communication is paying dividends. Still, malpractice claims are occurring with admitted patients. The fact patterns all are similar: Tests are ordered while the patient remains in the ED. Results come back after the patient is upstairs — and no one ever follows up.
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‘Hybrid’ Medical Malpractice Lawsuits Are ‘End-Run’ Around Damage Caps
These cases allege both professional negligence and medical battery. Insiders explain why that may be problematic.
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Premises Liability or Malpractice Claims — Either Way, ED Falls Pose Risks
A nurse-managed, individually tailored falls prevention plan administered for at least 20 months did not significantly reduce risk of serious fall injuries in older adults at high risk for falls, according to the results a recent study.