ED Legal Letter
RSSArticles
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Are ED Policies Inflexible?
Emergency department policies are neither a perfect sword nor a perfect shield.
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Legal Risks of Googling ED Patients Unclear, Cases Likely Coming
Conducting Internet searches on ED patients can be problematic, particularly when the physician does not have a clinically relevant reason for looking into the patient’s online life.
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What If Med/Mal Payout Exceeds Policy Limit?
While defendant EPs might be alarmed over threats to seize property and other assets, such threats might be legally problematic for a plaintiff’s attorney to actually carry out.
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EPs May Be Unaware of Unique EMTALA Risks Posed by Obstetric Patients
Does a pregnant patient want to leave your ED and go to a different hospital — the one at which she plans to deliver? If so, the EP faces some potentially significant legal risks.
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Best Defense Against Misdiagnosis Claim?
A look at best practices that can strengthen the EP’s defense against a malpractice suit alleging misdiagnosis of an ED patient.
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Teamwork Is ‘Huge Problem in ED Setting’
“This whole teamwork concept that the IOM is trying to promote is a huge problem in the ED setting.”
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Did ED Patient Refuse Admission? This Documentation Is Essential
If the patient refused admission and a bad outcome occurs, the plaintiff’s attorney will likely allege the EP was negligent for failing to insist on the patient being admitted, and that the EP should have protected the patient against the patient’s own bad judgment.
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Length-of-Stay Benchmarks Linked to Fewer Adverse Events
EDs with a higher percentage of patients meeting length-of-stay benchmarks on a given shift had lower rates of adverse events, according to a recent study.
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Bad Outcome in ‘Boarded’ ED Patient? Reduce Likelihood of EP’s Liability
Poor communication is often root of claims.
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Is EP ‘Over-documenting’ with EMRs? Malpractice Defense Will Be Difficult
Otherwise defensible claims against EPs are being settled.