ED Legal Letter
RSSArticles
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Who’s Ultimately Responsible for Bad Outcomes?
Whoever saw the patient last generally bears the brunt of the blame.
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Identify, Counsel EPs Frequently Targeted in Med/Mal Suits
Very small number of EPs account for vast majority of litigation.
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What if a Plaintiff Can’t Prove an EP Was Negligent?
Liability exposure still exists with ‘loss of chance’ claims.
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Study: EMTALA Violations Found 40% of Time
But only 3% triggered fines.
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‘Brief, Superficial’ ED Interactions Spur Litigation
If patients think ED providers were rushed, inattentive, or disregarded their symptoms and complaints, they’re much more likely to second guess the care and explore legal remedies.
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How Much Protection Do ‘Good Samaritan’ Laws Really Offer EPs?
The answer depends on where the care took place, if the EP received compensation, and in what state the EP is located, among other factors, according to legal experts.
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Is Psychiatric Boarding an Unconstitutional Necessity?
The decision by the Washington Supreme Court to declare the practice of psychiatric boarding unconstitutional presents a novel approach to fighting the practice and advocating for our patients. However, in doing so, the court created new avenues of risk for providers and put patients in harm’s way if the court eliminated the practice of psychiatric boarding without adequate resources in place.
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Patients Decide Not to Sue After Hearing EP’s Honest Explanation for Bad Outcome
Plaintiff attorneys realize claims are unwinnable.
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EMTALA Violation Could Bolster Weak Malpractice Claim Against EP
Depending on the state, monetary awards vary.
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These Common Mistakes Resulted in Missed Ectopic Claims
Emergency physicians should perform and document serial exams for patients with unexplained abdominal pain.