ED Legal Letter
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Legal Risks Are ‘Huge’ if Violence Occurs in ED
“Even meek people can be dangerous,” says one expert.
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What Are Legal Considerations if ED Security Guards Are Armed?
Should ED security be armed with guns, Tasers, or pepper spray?
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ED Staff in Crossfire of Violence Can Lead to Negligence Claims
Assaults occur disproportionately in EDs.
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Can Plaintiff Attorney Convince Jury That ED Security Was Poorly Trained?
Training gaps might become obvious at deposition.
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Expect Excessive Force Allegations if Security Harms ED Patient
ED restraint policies will undergo ‘a great deal of scrutiny.’
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Even if They Never Saw a Patient, EPs Still Can Be Named as Defendants
Even if the defense attorney makes it clear that the EP never saw the patient, it’s unlikely the plaintiff attorney will simply dismiss the EP.
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Malpractice Outcome Could Hinge on What ED Nurses Documented
Charting by ED nurses is issue ‘in almost every case.’
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Consultant Refuses to See ED Patient? Legal Risks Exist on Both Sides
EPs sometimes are faced with on-call consultants who are reluctant to come in to see the ED patient, exposing the EP, the consultant, and the hospital to liability.
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Plaintiff Attorney Added EMTALA Claim to ED Malpractice Lawsuit
Jury awarded plaintiff $1.45 million in punitive damages.
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Was ED Patient at Fault for Bad Outcome? Subtle Approach Often Is Best Defense Strategy
It is challenging for defense attorneys to argue that an ED plaintiff’s own actions — leaving against medical advice, failing to follow up, or giving an inaccurate history — contributed to a bad outcome.