ED Legal Letter
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ED Med/Mal Claims Can Become Licensing Board Actions Quickly
To avoid issues with state licensing boards in the event of malpractice litigation, one expert suggests EPs check whether their professional liability insurance covers representation for a board action.
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EPs Named in Med/Mal Lawsuits Receive Higher Patient Experience Scores
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Plaintiffs Use Loss of Chance to Prevail in ED Malpractice Claim
Plaintiff attorneys do not always need to prove that an EP’s negligence directly caused a patient’s bad outcome. Instead, they allege only that the plaintiff was deprived of the possibility of a better outcome. Often, these “loss of chance” claims involve missed or delayed diagnosis of stroke.
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Analysis of Stroke Malpractice Cases Reveals Reason for ED Diagnostic Errors
Breakdowns in the initial patient-provider encounter were the most frequent source of diagnostic error in ischemic stroke malpractice cases, according to the authors of a recent analysis.
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Emergency Medicine Specialty Most Likely to be Named in Acute Stroke Malpractice Claims
Emergency physicians (EPs) are the specialty most likely to be sued in acute stroke cases, according to a recent analysis. One-third of malpractice claims named EPs. In contrast, neurologists were named in just 17% of claims.
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Claims Allege ED Failed to Diagnose Fracture; Cases Feature Similar Fact Patterns
Orthopedists were the most frequently named specialty in fracture-related malpractice lawsuits, according to the authors of an analysis of claims occurring from 1988 to 2015.
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Sparsely Charted History and Physical Complicates Med/Mal Defense
The chart should clearly show what was considered, and what was ruled out, during the visit. Thoroughness in this regard leads the EP to the appropriate testing, treatment, and disposition.
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Analysis Reveals Med/Mal Risks for Antibiotics Administered in ED
Evidence on actual legal risks of failing to give antibiotics is lacking. Part of the problem is that both clinicians and patients frequently believe that taking an antibiotic is the safest practice in cases where it is unclear if antibiotics are needed.
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ED Defense Can Counter Opposing Expert’s ‘Flagrantly False’ Testimony
Hindsight bias, lack of ED work experience, and earning a living through testimony are factors that can make for problematic witnesses.
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Defensive Charting Can Lead to Unintended Consequences for Everyone
If EPs do not see the nursing notes, they will not be able to address statements claiming they did nothing to address a patient’s deteriorating condition.