ED Legal Letter
RSSArticles
-
Case Law Expanding ED’s Legal Exposure if Discharged Psychiatric Patient Commits Violence
Healthcare providers’ liability exposure for potentially violent ED patients could be expanding nationally.
-
Court Applies EMTALA to Hospital’s Urgent/Walk-in Care Center
A Rhode Island federal court determined that under the Centers for Medicare and Medicaid Services Emergency Medical Treatment and Labor Act regulations, a walk-in urgent care center was a “dedicated emergency department” because it held itself out “as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.”
-
ED Malpractice Claims Allege Failure to Obtain Translator
According to one expert: “An entire case can be brought around one inadvertent slip-up."
-
Will Antibiotics for Appendicitis Become Standard of Care for ED?
Antibiotics instead of surgery is a reasonable approach for some patients with early uncomplicated appendicitis, according to the authors of a recent study; however, it is not the standard of care.
-
Plaintiff Attorney Could Depict ‘Early Adopters’ of New ED Treatment Approaches as Reckless
New treatment approaches may be good options for a particular ED patient, but a bad outcome can trigger malpractice litigation alleging the standard of care was violated.
-
Untwisting the Myths: A Medicolegal Review of Testicular Torsion
Testicular torsion (TT) is a urologic emergency with potentially devastating consequences and costs for providers and patients alike. With an annual incidence of approximately 4.5 per 100,000 males aged 1-25 years, TT is an uncommon medical condition, yet is the third most common cause of medical malpractice suit in this demographic. Because of varying presentations and physical exam findings, along with diagnostic imaging subject to individual interpretation, ED providers may miss this time-sensitive diagnosis.
-
Overtesting for Medical Clearance Not Only Wasteful, It’s Also Dangerous
Still, many psychiatric facilities won’t accept patients transferred from an ED until extensive testing is complete.
-
Study: Constant ED Interruptions Source of Med/Mal Exposure
EPs were interrupted 12.5 times every hour on average, according to a recent study. EPs rejected or delayed interruptions less than 2% of the time.
-
Settlement Likely for Missed Diagnosis Case, Even if ED Chart Shows It’s ‘Reasonable’
Defensible cases are settled sometimes because the plaintiff is sympathetic or because the dollar value of damages is high.
-
Did EP Override Safety Prompt for No Apparent Reason? It’s a Hurdle for Defense
Emergency physicians routinely override safety prompts in clinical decision support systems for very good reasons. However, a skilled plaintiff attorney can depict it as a rogue physician’s negligence.