ED Legal Letter – July 1, 2021
July 1, 2021
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Claims Involving Physician Assistant Care Continue
Malpractice claims involving physician assistants in the ED have increased in recent years and are continuing to come up, according to interviews with legal experts. Most emergency physicians who voice concerns are worried about finding themselves defendants in lawsuits — when they never saw or even knew about the patient.Acute Myocardial Infarction Most Likely to Result in Payout
Almost 40% of acute myocardial infarction malpractice claims result in payment, a higher percentage than any other condition, according to the results of a recent analysis.Malpractice Insurer Can Bolster Defense, Even Before Lawsuit Is Filed
If an emergency physician waits until a lawsuit has been filed, the plaintiff will have performed at least an initial investigation. Likely, experts will have reviewed the records and analyzed the care provided. This can put the provider at a distinct disadvantage. There can be great value in speaking with an attorney early in the process.Evidence Shows Boarding Harms All Admitted ED Patients
In a recent study, researchers noted the median length of stay for all admitted patients increased 12.4 minutes in one ED and 14 minutes in another ED for every boarded patient. In addition to boarding, investigators studied other variables, such as quality improvement efforts and hospital capacity. Teams should understand their role in the larger process. All should be working toward the same goal, held accountable by leaders throughout the organization.Neurology Consult Delays Can Become Issue in Claims
If a stroke patient alleges failure to administer tissue plasminogen activator, whether a timely neurology consult was obtained likely will be a central issue in the litigation. Here are some issues that can arise during litigation.ED Violence Means Possible Liability Exposure for Hospital
During litigation, two important questions will arise: How did the hospital keep the patient safe? Was the hospital not doing reasonable things that other hospitals were doing?EPs Find Ways to Mitigate Emotional Toll of Malpractice Litigation
Emergency physicians who find themselves defendants do have resources — at their hospitals, from their professional liability carriers, from mental health professionals, and from specialty organizations.