ED Legal Letter
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Policies Can Quickly Complicate Defense of ED Claim
Does an ED clinical policy state that all chest pain patients must undergo an ECG within 10 minutes of arrival, but it took somewhat longer? The slight delay might have had nothing to do with the plaintiff’s terrible outcome. But that does not matter; plaintiff attorneys can use it to paint a picture of substandard care.
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Liability Exposure if Communication Is Poor Between ED and Consultant
When EPs and consultants are codefendants in malpractice claims, finger-pointing is sure to follow. The EP insists the urgency of the situation was totally clear; the consultant claims the whole story was not told.
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With or Without Gag Clauses, It Is a Hurdle for ED Defendants to Blame EHR
Are EPs well-aware of a glitch within the electronic health record (EHR) that has almost harmed many patients? They might be wary of calling attention to it publicly due to vendor “gag clauses.” Proposed rules would eliminate gag clauses in EHR vendor contracts to encourage airing of safety concerns.
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Patients’ Insurance Status Affects ED Disposition
Repeatedly discharging or transferring patients with certain conditions that are more prevalent in low-income patients may draw the wrong kind of attention from federal and state regulators. However, plaintiff attorneys probably would face an uphill battle trying to establish this kind of pattern in an ED.
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Most-Often Missed Serious Neuro Conditions: Ischemic Stroke and Intraspinal Abscess
The authors of most studies on diagnostic error in the ED use a “look back” approach. Researchers start with the misdiagnosis, then examine the factors associated with it. Other investigators recently used a different method.
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Non-ED Providers Have Surprisingly Low Risk Tolerance
When it comes to acceptable miss rates of low-probability, high-risk diagnoses, non-ED providers have a surprisingly low tolerance for risk. This finding conflicts with clinical practices one researcher recently observed.
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Testicular Torsion Claims Continue Despite Better Awareness
A closer look at some common fact patterns in missed testicular torsion cases.
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Higher Premiums and Payouts Possible for EPs With Restrictive Scope-of-Practice Laws
Will the EP be held liable for malpractice committed by a nurse practitioner (NP) in the department? It is more likely if the state has instituted restrictive scope-of-practice laws governing NPs, according to the authors of a recent analysis.
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When ED Is Crowded, Hospital Admission Becomes Less Likely
Patients are less likely to be admitted when the ED is crowded, according to the authors of a recent study. However, patients discharged during periods of crowding are not more likely to return to the ED within two weeks of discharge.
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Multiple Allegations Against EPs in Airway Management Cases
Airway management cases involving devastating outcomes are a significant source of liability for EDs. Some common allegations include using wrong-sized equipment and failure to verify tube placement after transport.