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In what context would a court determine that a patient was not on equal footing with a provider or institution and, therefore, in a position of weakness regarding his/her ability to effectively bargain?
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It is the duty of a physician or other health care provider dealing with a case in the ED to give the patient or, in certain circumstances (where the patient's competence is in question), the patient's family, attendants or caregivers, all necessary and proper instructions as to the care and attention to be given to the patient and the cautions to be observed following discharge from the ED.
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This is the first of a two-part series on arbitration of medical malpractice disputes. Part one will provide a brief overview of arbitration in general and of selected cases.
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Increasingly, the anesthesia department is directing guidelines and training requirements for procedural sedation in hospitals, including the ED. Is this practice going to increase your liability risks?
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Many ED staff are not aware of the distinction between compensatory, non-compensatory, and punitive damages, and don't realize the many categories for which juries may award damages, says Barbara Pilo, a health care attorney counsel attorney in the litigation section of the Dallas office of Fulbright & Jaworski.
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Emergency physicians must now ask whether EP-performed ultrasound represents a convenient option or a legal obligation. This article focuses on the history of EP-performed ultrasound and whether this imaging modality triggers a new standard of care in emergency medicine.
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Emergency medicine practitioners have little control over the flow of patients into their facilities. Federal law requires them to examine and treat virtually everyone who comes through the door.
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Physicians should not purchase medical malpractice insurance from the surplus lines insurance markets unless there is no coverage available to them from the admitted markets.
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The news stories shocked many Americans: ED staff ignored a dying woman's pleas for help as she bled to death of a perforated bowel on the floor of their waiting room.
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To solve the problems that contributed to ED staff actions being considered as potentially criminal in recent cases of patient deaths in Los Angeles and Illinois, the answer doesn't lie in reducing risks of adverse events in patients kept waiting for hours.
