ED Legal Letter
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Lawsuits Allege Abnormal Findings Were Missed After ED Patient was Admitted
Education on structured handoffs and closed loop communication is paying dividends. Still, malpractice claims are occurring with admitted patients. The fact patterns all are similar: Tests are ordered while the patient remains in the ED. Results come back after the patient is upstairs — and no one ever follows up.
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For EDs, Simulation Is Not Just for Training, It Is a Risk Management Tool
Some procedures are high-risk, but low-volume. Simulation is a way for ED providers to practice these uncommon procedures.
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Telehealth Booming in EDs, but Poses Some Unique Liability Risks
EDs are using telehealth for screening visits before arrival or for follow-up re-evaluations on COVID-19-positive patients. It is important to know what can be excluded safely in a telemedicine consult, and what requires urgent and/or emergent in-person follow-up.
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Many Charts Lack Any Evidence of Thorough H&P
Often, a portion of the history, assessment, or evaluation was handled, but for whatever reason does not make it into the emergency medicine record. This makes it appear as though a poor or incomplete assessment was conducted. Double check these items to see they are included.
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Essential ED Documentation Often Missing from Chart
Certain pieces of information, if omitted from the ED medical record, instantly raise concerns about the quality of the care provided. These missing items in particular complicate malpractice defense.
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Assessment, Documentation, and Protocols: All Tied to ED Malpractice Payouts
Malpractice claims are more likely to succeed if documentation is insufficient, if an assessment was inadequate, or if something was not handled according to policy or protocol.
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Simulated Lawsuit Teaches Emergency Medicine Residents How Med/Mal Works
Most emergency medicine residents have no idea how malpractice litigation works. A residency program collaborated with a law school to create a realistic, fabricated case to dispel misconceptions.
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Courts, Plaintiff Attorneys Scrutinizing ED Boarding of Psychiatric Patients
Patients visit emergency departments (EDs) with acute psychiatric illnesses that need to be addressed. The problem is that hospitals may not be providing those services on an outpatient or inpatient basis. If the ED psychiatric patient requires inpatient services, there may be nowhere available to send the patient.
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ED Malpractice Claims More Likely to Succeed if Policy Not Followed
The odds of a medical malpractice claim resulting in a payment increase by 145% if a policy was not followed at some point, according to the authors a new analysis.
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Delays After Triage Can Bolster ED Negligence Claims
The exact amount of time patients waited after arriving at the emergency department becomes a central issue in many malpractice claims.