ED Legal Letter
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Visit Volume Linked to Being Named in Claim
One in 11 EPs was named in malpractice claims during a 4.5 year period, according to a recent study. Total number of years in practice and visit volume were the only factors associated with being named as a defendant.
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When Psychiatric Patient Comes to ED, Consider Entire Hospital’s Capabilities
An attorney who worked on the case provides detailed information about a recent record-breaking EMTALA settlement.
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Inspector General Sets Sights on ED Psychiatric Boarding Practices
Psychiatric patients are held routinely in EDs for hours, days, or even weeks due to lack of available facilities. Few would argue it’s a high-risk situation for the patient, EPs, and the hospital; yet, the dangerous practice continues.
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Non-prudent Limits on Patient Visits: Overcoming Barriers to Provide Necessary Care
Since EMTALA requires medical professionals to provide care to their patients, big insurance companies see no reason to provide payment for care they do not feel like covering. While some argue that on the surface this is their right to pay only for necessary services, the decision to retrospectively deny coverage is a fundamental assault on the rights of patients to seek emergency care and providers to bill for legitimate services rendered. Using the “retrospectoscope” to lecture patients and providers about care for serious health threats is a disservice to all medical professionals. It is unconscionable, immoral, illegal, and potentially unconstitutional.
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EP Defendants Need Forensic IT Experts to Explain EMRs
A recent malpractice lawsuit against an EP alleged that a patient coded and spent two weeks in an ICU because he received a medication to which he was allergic. Since the electronic medical record (EMR) clearly documented the patient’s allergy to the medication, at first glance, it looked as though the EP had made a colossal mistake. However, this was not the case.
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Missed Compartment Syndrome in the ED Often Leads to Litigation
Compartment syndrome is one of the few true orthopedic emergencies seen in the ED, and the consequences can be dire.
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Do State Damage Caps Apply to EMTALA?
A recent case is a good example of how a delay in implementing an order can expose EDs to EMTALA and medical malpractice claims.
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Expanded tPA Criteria Means Many More Potential Plaintiffs
Did a stroke patient experience a bad outcome in the ED? If tissue plasminogen activator (tPA) wasn’t administered in the ED, without a good reason documented in the chart, a malpractice lawsuit is likely.
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Informed Consent: Beyond Signing a Form
The informed discussion is critical to the informed consent process and meeting the applicable standard of care for obtaining informed consent. Thus, the content of that discussion is more important than a signature on a form, which frequently doesn’t include enough details about the information shared with the patient. The concept of shared decision-making adds complexity to the idea of informed consent.
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Hospital-run Urgent Care Center Is Subject to EMTALA
ED staff need training to ensure compliance.