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An ED physician, like any health care provider, can be sued for wrongful death whenever there is evidence that medical malpractice has caused a patient's death.
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"It's too bad someone didn't give you thrombolytics, because you probably wouldn't be paralyzed now." Whether it's a nurse, doctor, or someone else making that statement to a stroke patient cared for in your ED, you could end up named in a lawsuit.
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"Why didn't my grandmother see a neurologist immediately in the ED?" is a question that may arise in the event of a malpractice lawsuit involving stroke care.
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Most emergency physicians will be sued during their career. Lawsuits can lead to interpersonal difficulties, loss of job satisfaction, and emotional distress. An understanding of the malpractice process and ways to reduce risk can help emergency physicians deal with this ever present threat.
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If you aren't going to give tPA and would like to avoid a lawsuit, you'll want to be very clear in your documentation as to why the patient didn't meet treatment criteria. "And if you do give it, you should be very clear why the patient did meet the criteria," says John Burton, MD, chair of the Department of Emergency Medicine at Carilion Clinic in Roanoke, VA.
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Although some ED physicians remain opposed to the idea of using tPA, the consideration of the use of thrombolytics such as tPA for stroke patients who are eligible candidates has become the public expectation
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Michigan appeals court allows use of hospital's internal policies and ACEP's Clinical Chest Pain policy as evidence against hospital and urgent care physician in malpractice case.
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A 25-year-old male patient is brought to an ED because of suicidal statements made to his ex-wife. The patient arrives via police escort and is placed in a room. The ED nurse assesses the patient, who denies suicidal ideation or intent. Although the man admits to drinking alcohol, he does not appear to be overtly intoxicated and is coherent. The ED is extremely busy, and the physician assistant (PA) picks up the chart.
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Leslie S. Zun, MD, chairman of the department of emergency medicine at Rosalind Franklin University of Medicine and Science in North Chicago, IL, says that if a patient discharged from the ED later commits suicide, "there are a number of issues that can place the emergency physician at risk." Zun gives these five major areas of risk involving ED psychiatric patients:
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If a psychiatric patient harms himself or someone else after being transferred or discharged from your ED, can he or she successfully sue for malpractice? If so, would a jury agree that the ED was at fault? That depends, in large part, on the details contained in the patient's chart.
