ED Legal Letter
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Defensive Medicine Can Complicate Emergency Physician’s Defense
Ordering tests that aren’t indicated can backfire legally
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New Ruling on NPDB Reporting Requirements Affects ED Programs
Early offers of compensation to an ED patient may require reporting to the National Practitioner Data Base, according to a May HHS ruling.
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Angry Patients Sometimes Just Want Answers
Rude, dismissive treatment is the underlying cause of many malpractice suits. Simple communication practices can prevent some ED claims.
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Georgia Courts Continue to Define its Emergency Care Reform Law
Georgia’s tort reform law remains at the forefront of medical malpractice litigation.
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Pitfalls of Evaluating a Pregnant Patient in the ED
A report by the U.S. Government Accountability Office in 2003, Medical Malpractice: Implications of Rising Premiums on Access to Health Care (GAO Medical Malpractice Report) asserted that the average payout for the average malpractice claim has been steadily rising since 1986, from about $95,000 in 1986 to about $320,000 in 2003. -
Informed consent: Are you up on the basics?
Informed consent is recognized as a fundamental principle of American law. The concept from which the informed consent doctrine evolved is based upon the common law tenet ... -
Airway management skills: Is your staff well trained?
When things go wrong in airway management, they do so with a vengeance. Critical airway skills are a must in emergency medicine because intubations tend to occur in less than ideal circumstances. Along with those less than ideal circumstances come less than ideal risks for errors. Errors during endotracheal intubations have serious to devastating consequences for the patient. Hence, a prudent emergency provider anticipates potential problems during the process of airway management. -
EMS destinations: Source of liability for ED personnel?
This article discusses some of problems and solutions that occur in the prehospital management of using limited resources to meet the needs of the public. -
LA courts find malpractice damages cap inapplicable to EMTALA claims and unconstitutional
While our nations' emergency physicians were considerate enough to hold their annual scientific assembly in weather-ravaged New Orleans, the courts in the Bayou dealt the house of medicine its version of a tsunami and trailing hurricane ... -
Study: ED physicians lack basic EMTALA knowledge
Knowledge of the requirements of the Emergency Medical Treatment and Labor Act (EMTALA) is lacking in the emergency department (ED), according to a recent study.