ED Legal Letter
RSSArticles
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Excessive Wait Times Common Issue in ED Malpractice Litigation
Attorneys allege patient should have been seen immediately.
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Unexpected Legal Risks of ED Patients With ‘Do Not Resuscitate’ Orders
Patients or families could sue for unwanted interventions or for withholding resuscitative efforts.
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Psych Patients Awaiting Transfer From ED Are High Legal Risks
Legal risks include security, deterioration of the patient’s condition, and unsafe handoffs.
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Recent Cases Spotlight Pressure to Admit ED Patients
Anything not in patient’s best interest ‘unacceptable.’
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ED Patients in Observation Status Are Focus of Recent Med/Mal Cases
Sending a patient to an observation unit is not legally analogous to admitting a patient to the hospital.
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Deconstructing the Duty to Warn Doctrine
It has been the generally accepted standard that a provider must warn a third party of the potential harm from a patient when there is significant threat of harm toward a reasonably identifiable person. However, the delicate balance of these ethical challenges has come under recent assault.
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Is Everything in ED’s EMR Admissible? Court Rulings Vary
Issues relating to admissibility of EMRs have occurred 'with increasing frequency,' both during the discovery phase of litigation and at trial.
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EP’s Unlikely Defense: ‘I Couldn’t Find It in the EMR’
In reviewing EMR documentation, 'it’s easy for EPs to miss the forest for the trees.'
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EDs Expect ‘Explosion’ in EMR-related Malpractice Litigation
Experts warn cases soon will become routine.
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EP Defendants Admit EMR Template Didn’t Fit Patient
Limited choices offered by EMRs have triggered litigation.