ED Legal Letter
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Problematic Hospital Policies Can Be Used Against ED Defendants
Policies should be viewed as general guidelines, always leaving ample room for individual physician discretion. There cannot be a one-size-fits-all approach, even for patients with the same diagnosis.
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Timing of Pulmonary Embolism Crucial Factor in ED Malpractice Claims
After recently reviewing a missed pulmonary embolism malpractice case against an emergency physician, an expert found some disturbing implications.
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ED a High-Risk Setting for Physician Trainees
When physician trainees (residents or fellows) were involved in harm events, the ED was a higher-risk setting than inpatient or outpatient areas, according to the authors of a recent analysis. However, that does not necessarily mean the trainee was from emergency medicine.
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Analysis: Myocardial Infarction Most Commonly Missed Diagnosis
Researchers recommended additional training in reading ECGs and recognizing atypical presentations of myocardial infarction to reduce missed diagnoses.
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EHR Can Make ED Documentation Appear Suspicious
While electronic health records offer many benefits to ED providers, they also carry some inherent risks. Learn more about specific examples of issues that can result in malpractice litigation.
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EHR Issues Arising in ED Malpractice Lawsuits: Info Is Outdated, Incorrect, or Missing
Electronic health record (EHR) issues are coming up in malpractice lawsuits against ED providers. Seven such cases were included in a recent analysis of 216 closed claims occurring from 2010 to 2018 in which EHRs contributed to injury.
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Any Discrepancy in ED Chart Hurts All Med/Mal Defendants
With multiple providers documenting in the ED medical record, there are bound to be some discrepancies from time to time. However, the chart must reflect that discrepancies were recognized and considered by the ED provider.
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Damage Caps Can Lead to Unintended Consequences for ED Malpractice
Damage caps render many cases economically unfeasible for plaintiffs’ counsel to pursue. Nonetheless, many ED providers still fear losing what may be an otherwise baseless malpractice claim. Tort reform is a safeguard against these scenarios, but the view looks different from the plaintiff’s perspective.
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Most Common Allegation in PE/DVT Malpractice Claims? Failure to Diagnose and Treat
Learn about the essential documentation that can prevent problems.
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ED Patients Taken Off Monitors, Alarms Ignored: Med/Mal Suit Likely
Any patient with symptoms worrisome enough to require cardiac monitoring reasonably expects that somebody is paying close attention. The same is true of patients who need frequent blood pressure monitoring, or those with signs and symptoms of sepsis. However, in some cases, patients deteriorate without anyone realizing.