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If an ED physician refuses to examine and treat a patient suspected of "drug seeking," this is an automatic violation of the Emergency Medical Treatment and Labor Act (EMTALA).
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There is no area of Emergency Medicine that incorporates as many associated unique legal issues as that of psychiatric emergencies.
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This is the first in a two-part series on liability risks posed by patients who present to the ED frequently. This month, we'll cover documentation and clinical care of this patient population.
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A recent study has revealed that 28% of 509 emergency physicians (EPs) surveyed were not at all familiar, or only somewhat familiar, with the 2004 American College of Cardiology (ACC)/American Heart Association (AHA) guidelines for the Management of Patients with ST-Elevation Myocardial Infarction (STEMI).
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As medical practitioners mature with experience, many discover that what was taught in medical school — History is the most important part of the patient encounter — is actually true. Yet, taking a history is a practiced skill even for the examiner who speaks the same language as the patient. The problems encountered with taking a history from a patient are compounded exponentially when the examiner and the patient are not skilled in speaking the same language. In this issue, the author explores numerous facets of caring for patients who speak a language other than the physician’s language.
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In this issue, the author provides some insight into the deposition process and some guidelines that will help the health care provider approach a deposition with equanimity.
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As a major cause of traumatic death and disability, head injuries require timely diagnosis and management. Because survivors of serious head injuries often have varying degrees of permanent disability, head injury litigation is not uncommon. Furthermore, epidural hematomas may present subtly and progress rapidly toward serious brain injury and death.
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In this issue, the author reviews how the law can attempt to impute responsibility on health care organizations and/or other health care workers for the alleged negligence of another.
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Emergency personnel care for innumerable victims of domestic violence. None of these victims are more vulnerable than the infants who have been abused by their caretakers. Although signs of abuse sometimes can be very apparent, this months article reminds emergency clinicians that we must be alert to more subtle signs of abuse that can be indicators of substantial injury to infants. Though the presenting complaints and histories may be inaccurate or frankly deceptive, the physical and diagnostic findings of infants with shaken baby syndrome will assist in identifying these victims of domestic abuse.
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In its earlier years, the Emergency Medical Treatment and Active Labor Act (EMTALA) was defined by court decisions that often were inconsistent with real clinical practice. Although there still are uncertainties with the application of EMTALA to specific clinical scenarios, refinements to the statute have clarified some of its ambiguities. The author discusses some of the recent refinements to EMTALA that help to clarify the statutes meaning to hospitals and the practice of emergency medicine.
