ED Legal Letter
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ED Staffing Scrutinized if Patient Experiences Bad Outcome in Waiting Room
Plaintiff attorneys allege inadequate ED staffing contributed to patients’ bad outcomes in medical malpractice cases. Typically, accusers allege the hospital allowed dangerously low staffing levels despite concerns and that triage nurses were inadequately trained.
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The Fourth Amendment: Coming to an ED Near You
ED staff work closely with municipal and state law enforcement officials as well as in-house security workers. That relationship is critical to patient, public, and provider safety. The maintenance of a cordial and functional relationship is imperative. However, it cannot happen at the expense of patients’ health, dignity, and constitutional rights.
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ED Providers’ Documentation Clashes Help Plaintiffs Prove Negligence
If ED providers’ documentation conflicts in any way, plaintiff attorneys will use this to bolster a malpractice case. Conflicting documentation makes it difficult for either side to determine what really happened.
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‘Gotcha’ Deposition Questions Can Devastate Even Well-prepared EPs
Deposition questions are designed to elicit damaging testimony from EPs. A “yes” response to a seemingly innocuous question about the standard of care can lead to a world of trouble for the defense team.
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Sparse Neurology Exam Complicates ED Defense of Missed Stroke
Sparse or inaccurate charting allows plaintiff attorneys to allege inadequate neurological examination in missed stroke cases against EPs. However, documentation that includes a thorough description of all the aspects of the exam, an explanation of why the EP didn’t think stroke was likely, and an indication that the EP consulted a neurologist can help the defense.
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Late Electronic Medical Record Entries Create Indefensible ED Malpractice Claims
Malpractice cases may become indefensible if the forensic IT expert can prove the ED chart was altered in some way. Data regarding physical examination or history can appear self-serving. The veracity of altered information will be questioned. Even if the EP’s motive was valid, it may appear otherwise.
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EPs Face Legal Exposure as ‘Captain of the Ship,’ Even for Triage Mistakes
An EP could be hundreds of feet away when a patient with a life-threatening condition is mistriaged. That doesn’t necessarily stop an affected patient from suing that EP for the resulting adverse outcome.
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Did ED Patient Threaten Violence? EP Might Have Legal Duty to Warn
EPs might have a legal “duty to warn” individuals if a patient threatens violence against them, depending on their state statute. EPs are shielded from allegations of breach of confidentiality if they warn someone of a threat. Importantly, EPs can be held liable if their failure to warn leads to a violent act.
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Psych Patients Elope or Are Discharged? Either Way, It’s a Wrongful Death Lawsuit
If psychiatric patients are discharged or elope from the ED and harm themselves or others, a wrongful death lawsuit is possible. To reduce risks, EPs can document that there was no evidence of homicidal or suicidal ideation at the time of the ED visit, contact a psychiatrist to support the decision to discharge, keep the patient secure until the evaluation is complete, and take reasonable precautions when patients are transported to another facility.
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Liability for EP if Admitted Patient’s Condition Deteriorated
EPs are not absolved of legal responsibility for admitted patients who remain in the ED while waiting for an inpatient bed to become available. Juries rely on documentation to determine what information was communicated to the admitting physician. Providing treatment to admitted patients can lead to the EP being held to a higher standard of care. Undocumented interactions are problematic for the defense.