ED Legal Letter
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Is Intoxicated Patient ‘Just Another Drunk,’ or Someone With Unsuspected Critical Illness?
About 1% of patients who arrived to the ED for uncomplicated alcohol intoxication required critical care resources during their encounter, according to a recent study.
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EP’s Independent Contractor Status Doesn’t Always Limit Hospital Malpractice Exposure
Often, hospitals and EPs are named jointly in malpractice litigation. The EP defendant’s status, as either a hospital employee or independent contractor, can determine whether the hospital is liable.
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Beware Exposure if ‘Bouncebacks’ Don’t Return to Same ED
Most EDs track return visits — cases in which patients come back with new or worsening symptoms. But what if that patient goes to a different ED? Investigators recently examined this question.
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Legal Implications for ED if Scribes Used for Documentation
By relying on scribes to document, EPs presumably can spend more time focusing on the patient and include more detailed documentation in the ED chart. On the other hand, scribes can potentially increase legal exposure for EPs.
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If Family Gets Only Silence After Bad Outcome, Plaintiff Attorney Likely Next Call
At one Ohio facility, a team communicates dire news to families. This team includes a risk manager, an ombudsman, and usually one clinician such as a director or another physician who is experienced in communicating bad news.
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More Than Half of ED Claims Diagnosis-related
It’s especially important in the ED setting that timing is documented throughout the entire duration of a patient’s visit.
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Significant Legal Exposure for Hospital if Patient Assaulted in ED
Seldom does a person go from a state of calm to physical violence without warning. Are staffers trained to recognize when an aggressive patient’s behaviors are escalating?
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‘Divide and Conquer’ Is Plaintiff’s Strategy With ED Co-defendants
When both ED nurses and EPs are named in a malpractice suit, a unified defense is the goal.
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Does Reassessment Before Discharge Reveal Abnormal Vitals? Documentation Is Key
Dozens of times each shift, EPs determine the appropriate disposition for patients. A well-documented, appropriate reassessment can reduce legal risks and should include proof that the EP spoke to and examined the patient, as well as repetition of pertinent portions of the physical exam.
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Can Rarely Used ‘Empty Chair’ Strategy Help ED Defense?
The “empty chair” strategy comes into play when there is a potential unnamed defendant with possible exposure. Using the empty chair defense, a named defendant would argue the liability of the unnamed defendant.