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Every trial usually comes down to a "battle of the experts," with the jury judging the credibility of the experts and making their decision. Consider these important factors, advises Linda M. Stimmel, a partner with the Dallas, TX-based law firm of Stewart Stimmel: Experience, education, training, the effectiveness of how the expert communicates with the jurors, and the bedside manner of the expert. "Even how the expert is dressed may affect their credibility."
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We should all be aware of the four components of malpractice the physician had a duty, breached the duty, there was harm to the patient, and the harm was caused by the breach of duty.
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Historically, emergency department (ED) triage was rarely a high-risk issue for hospitals, primarily because short waiting times resulted in all patients being seen quickly by the emergency physicians. Today, the combination of overcrowding, markedly prolonged waiting times, increasing numbers of patients leaving the ED before examination, the nursing shortage, diminishing financial support, and federal Emergency Medical Treatment and Active Labor Act (EMTALA) mandates make triage a very dangerous encounter for the patient and a fertile source of litigation against providers.
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The credibility of "dueling experts" testifying before a jury often determines the outcome of a lawsuit alleging malpractice by an emergency physician, but in fact, expert witnesses typically get involved weeks before a case is even filed.
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This is the second of a two-part series on delayed diagnoses in the ED. This month, we report on legal risks involving time-dependent medications and interventions.
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The format of this article deviates somewhat from the usual style of footnotes sustaining the assertions of the article, because the purpose of this essay is to provide an introduction to alternative methods of dispute resolution in the healthcare field, which will be further examined in future articles.
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Photographs of ED patients' clinical findings are being taken more frequently, due to the ubiquity of digital cameras, increasing use of electronic medical records, and their recognized value in medical education. However, patients who are to be photographed should be informed of the photography and given an opportunity for informed consent.
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This is the first of a two-part series on delayed diagnosis in the ED. This month, we cover general liability risks and documentation. Next month, we'll report on why legal risks involving time-dependent medications and interventions are increasing.
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Interactions in the clinical setting that involve sexually related comments or behavior, personal relationships, or physical examination of private areas of a patient's body must be handled with sensitivity and good judgment to avoid potential liability.
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Dr. Janiak has served as an emergency medicine medico-legal consultant for over 30 years, and has reviewed hundreds of malpractice cases. In the process, he has recognized common patterns and mistakes that emergency physicians make that set them up to be sued. This article takes a tongue-in-cheek approach to pointing out potential mistakes and ways that lawsuits might be avoided.
