ED Legal Letter
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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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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 Expert Worked in the ED, But Only During Residency Rotation
Plaintiff attorneys frequently bring in experts with specific knowledge from whatever specialty is relevant to the condition that was missed or managed inappropriately. When an emergency physician saw a patient, he or she had to take the patient as a whole and consider every possible diagnosis. Unlike other specialties, emergency physicians do not get to pick and choose the kind of patients or complications they see.
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‘Copy and Paste’ Can Legally Compromise Entire ED Record
When information is copied and pasted into the ED chart, it can improve patient care because all providers are aware of the patient’s history — or it can legally compromise the entire medical record.
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Solid Documentation Refutes Premature Discharge Allegation
After discharge from an ED, did a patient experience a bad outcome serious enough to result in a malpractice lawsuit? The plaintiff attorney is going to argue the EP should have ordered more tests, observed the patient, sought out more consults, or admitted the person.
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Malpractice Claims Information a Powerful Patient Safety Tool for ED
At the UMass Memorial Medical Center ED in Worcester, analyzing medical malpractice data has become a vital patient safety tool. Leaders study adverse event data, root cause analysis, reportable events, and malpractice claims data.
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Pooled Malpractice Data Show True Prevalence of ED Claims
A decade’s worth of malpractice claims data allowed three Phoenix-based ED groups to improve care of spinal epidural abscess patients.
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ED Malpractice Claims: Finger-Pointing, Insufficient Information
Unpacking common fact patterns observed in radiology malpractice cases.
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Analysis: Radiology Malpractice Claims Much More Likely to Involve ED Than Other Sites
After seeing what seemed like a disproportionate number of radiology malpractice claims from the ED, researchers set out to learn if this anecdotal impression was supported by hard data.
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Causation Difficult for Plaintiff in ED Malpractice Claim
Generally, plaintiff attorneys find some aspect of care that was arguably beneath the standard of care. Likewise, they can show the ED provider was acting in the scope of his or her employment. However, causation often is a difficult problem.