ED Legal Letter
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No ICU Bed? ED Patients ‘Fall into Black Hole’
In terms of malpractice, the main question is going to be: Did the emergency department (ED) patient receive treatment as fast as he or she should have, given the relevant circumstances? EDs in known COVID-19 hotspots with long waits for intensive care unit beds probably will be treated somewhat differently than smaller community EDs, where it was mostly business as usual.
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Enforcement Action Likely if Hospital Retaliates Against ED Staff
Some emergency department doctors and nurses allege they were disciplined or fired after complaining about inadequate personal protective equipment, or for refusing to treat COVID-19 patients without N95 masks.
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Hospitals Bracing for Litigation from Infected ED Providers
Hospitals expect plenty of litigation from emergency department (ED) providers who have contracted COVID-19, often while working without adequate personal protective equipment. Read on to see some claims that ED nurses, ED staff, or emergency physicians may bring against hospitals.
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Long-Standing Gross Negligence Standards for ED Malpractice
Some states enacted stringent standards for asserting medical malpractice claims against emergency department providers long before the COVID-19 pandemic. Plaintiff attorneys occasionally argue in medical malpractice cases that gross negligence occurred, but tough state laws can make it hard to prove.
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Many Future ED Malpractice Claims Will Need to Survive Gross Negligence Standard
Enacted protections offer emergency department providers some immunity from liability, except for gross negligence and willful and wanton conduct. This leaves plaintiffs’ attorneys with just one option for pursuing a medical negligence case.
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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.
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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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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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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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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.