ED Legal Letter
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Most Sickle Cell Disease Patients Avoid EDs During Pain Attacks
In many EDs, sickle cell pain episodes continue to be managed poorly. Sixty percent of patients with sickle cell disease say they “very much” or “quite a bit” avoid going to the ED during a pain attack because of a previous bad experience. Many reported experiencing stigma because of providers’ suspicions of drug-seeking behavior. Half said they waited at least two hours for treatment.
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Checkbox Charting Is Problem for ED Malpractice Defense
Make sure the ED uses modified templates to allow clinicians to add free-form text. Carefully review the record for accuracy before signing the note (including automatically populated checkboxes), either contemporaneously or close in time to the encounter. Finally, maintain a strong compliance program with regular medical record audits, including a review of electronic health record systems.
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Expert Panel Is Low-Cost Way to Determine Strength of Med/Mal Claim
If the panel finds the emergency physician deviated from the standard of care, a malpractice lawsuit is likely. On the other hand, if the panel finds the ED care was reasonable, there is a fair chance the claimant will not file suit.
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Most ED Malpractice Lawsuits Are Dropped, Withdrawn, or Dismissed
When an emergency physician is sued for malpractice, many immediately envision testifying in court before a jury. In reality, few ED claims (7.6%) make it that far. Most cases (65%) actually end up dropped, dismissed, or withdrawn, according to a recent analysis.
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Aortic Aneurysm Claims Generate Highest Average Indemnity for ED
ED malpractice claims involving aortic aneurysm generated higher average indemnity ($369,872) than any other medical condition, according to a recent analysis. Failure to timely diagnose is the most common allegation in malpractice actions, followed closely by poor communication between providers.
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Closed Claim Malpractice Data Reveal Actual Legal Risks for ED Providers
Researchers analyzed 6,779 closed claims for adults in the ED and urgent care center settings logged between 2001 and 2015. The top five diagnoses in ED claims were: cardiac or cardiorespiratory arrest, acute myocardial infarction, aortic aneurysm, pulmonary embolism, and appendicitis.
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State Malpractice Claim Rate Tied to Low-Risk Syncope Admissions
The frequency of malpractice claims is associated with higher rates of hospital admission for ED patients with lower-risk syncope, according to the results of a recent study.
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Template Charting on Nursing Notes Complicates Med/Mal Defense
Instead of making blanket statements about review of nursing notes, the emergency physician should document accurately. If the physician did not actually review the nursing notes, stay silent on it.
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Communication and Resolution Programs Are Alternative to Malpractice Claims
Considering signs of financial uncertainty in liability insurance markets, it is an excellent time for EDs to study communication and resolution programs as an alternative to malpractice litigation, the authors of a recent paper argued.
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When Urgent Care Center Refers Patient to ED, Reasons Might Be Unclear
Ensure all ED patients experience the best attainable outcomes, and devote extra thought to scenarios in which mistakes are less likely to be forgiven. For patients sent by urgent care centers, be sure to fully understand why the patient is there.