ED Legal Letter
RSSArticles
-
‘Patient Dumping’ Still Happens 30 Years After EMTALA; EDs Face Significant Exposure
Have you ever heard the question, “What would you do if an ED patient behaved in an unruly manner?” If an investigator from CMS asked one of your ED’s security guards this question, would the response reveal non-compliance with federal law?
-
Undetected Medical Conditions in ‘Psych’ Patients Are Legal Landmine
Once EPs conclude that a patient’s behavior is psychiatric, they may miss underlying medical conditions that are the real cause of the symptoms. This is less likely if a patient is behaving bizarrely, presents with a psychiatric history, and is taking psychiatric medications. Experts recommend obtaining a good history before deciding a patient is psychiatric.
-
Good Documentation of ED Consult Makes It Clear EP Met Standard of Care
To avoid needless legal entanglements, experts say EPs should know when they’re in over their heads and remain firm about what they need from a consultant. Invariably, specialists testify that while the EP asked for their opinion, the EP never asked or insisted that the specialist come in — and that had the severity of the situation been explained, the specialist certainly would have come to the ED.
-
Legal Exposure for ED and Hospital if Patients Refuse Discharge
Some patients may choose to remain in the ED against medical advice for several social reasons, including the fact the patient has no home, or views a hospital room as safer, more comfortable, or less lonely than going home.
-
Survey: More Than Half of EPs Sued for Malpractice at Least Once
Fifty-one percent of EPs have been sued during their career, according to a recent report on medical liability claims frequency, the third highest percentage of all the specialties examined by the study’s authors.
-
Many ED Visits Documented on Cellphones
Whether such recordings are admissible in court depends on many different factors.
-
Disappointing Stroke Outcome? Patient ‘Likely to Blame EP’
A look at several common issues concerning ED malpractice claims involving stroke patients.
-
Hospitals Face Liability if Impaired EP Becomes Malpractice Defendant
Experts discuss some ways plaintiff’s attorneys keep the hospital in the litigation against the EP and offer tips for reducing risks.
-
Tissue Plasminogen Activator Decision Remains Legal Landmine for EDs
Most lawsuits involving tissue plasminogen activator (tPA) allege the EP failed to give the drug, or that the drug wasn’t given quickly enough. In reality, a minority of stroke patients receive tPA. Almost all are outside the treatment window or don’t meet the criteria for another reason.
-
Lack of Discussion With Supervising EP Key Focus of PA Lawsuits
"An emergency physician who has agreed to supervise a PA may be sued, even when she never saw the patient, never reviewed the record, and does not remember the patient," one expert warns.