ED Legal Letter
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After Malpractice Allegations, EP Productivity Decreases
One researchers says the results of one study suggest legal reforms surrounding damage caps may not fully address liability pressure for physicians and other healthcare providers. In other ongoing work, investigators are studying whether EPs adjusted practice patterns equally for all patient types after a malpractice litigation, or whether EPs used information from the allegation to adjust care for clinically relevant patients.
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Negligence or Innocent Mistake? Either Can Trigger Investigation of ED Nurse
The best way for an ED nurse to protect his or her license against both disciplinary action and malpractice allegations? Practice according to the standard of care with every patient encounter.
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Is EMR to Blame for Bad Outcome? Possible Liability Exists for EP, Hospital, and Vendor
Not uncommonly, an ED patient’s bad outcome can be traced back in some way to the EMR. If so, multiple parties may find themselves defendants in malpractice litigation. Insiders break down some factors one can use when determining who is ultimately found liable.
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New E-Triage Tools Unlikely to Face Standard of Care Challenge
New e-triage tools have produced some solid data demonstrating their validity. But what are the liability implications for EDs who are early adopters?
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Shared Decision-Making in ED Mitigates Malpractice Risk
Three groups of participants read a conversation and were asked to imagine they had been part of that conversation and then experienced an adverse outcome. In the two groups' conversations that included some level of shared decision-making, participants were 80% less likely to report a plan to contact a lawyer.
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ED Communication Breakdowns True Cause of Many Malpractice Lawsuits
According to the authors of a recent analysis, risk-reducing tactics include conveying uncertainty to patients (if appropriate), ensuring incidental findings are communicated, and auditing compliance with policies on critical findings.
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Patients Link Errors to Negative Physician Interactions: Important Risk Implications for EDs
In a recent study, researchers analyzed a largely unexplored data source: What patients and families had to say about errors. Diagnostic error literature has, so far, focused mainly on clinician decision-making and healthcare system design.
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Many EPs Lack Due Process Rights; Legislation Offers Possible Protection
Without due process rights, EPs lose the ability to advocate for patients without fear of termination. Typically, contract holders form arrangements with hospitals to staff EDs; the contract holder hires EPs to perform the actual work. The hospital tells the contract holder what it wants from the EPs. Those EPs who do not comply can be fired without recourse since due process rights are waived routinely as a condition of employment.
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High-low Agreement Can Reduce Risk for Both Plaintiff and Defense
Some malpractice lawsuits carry high potential for damages because the plaintiff is very sympathetic. Yet, the EP defense team and the insurance company still believe the case is defensible and want to proceed to trial. With a high-low agreement, both the plaintiff and defendant receive protection from an excessive verdict.
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A Bad Outcome Does Not Necessarily Mean ED Gave Poor Care
One expert offers several suggestions for ED providers seeking to mitigate legal risks in real time.