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Though myocardial infarction is often a key area of focus when it comes to ED misdiagnoses and subsequent lawsuits, appendicitis is another common and serious misdiagnosis in the ED.
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"Many times, something as simple as a check mark as to whether the patient had anything to eat or drink while they were in the ED may become an important fact in the defense of a lawsuit," says Stimmel. Here are some of Stimmel's recommendations:
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This is the first of a two-part series on documentation and ED liability. This month, we explore the legal risks of inadequate documentation and information that should not be omitted.
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Although lawsuits against nurse practitioners (NPs) and physician's assistants (PAs), often referred to as "mid-level providers" or "physician extenders," aren't very common, they typically name the supervising ED physician.
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All action in the medical malpractice arena is happening in the states; the U.S. Congress has no stomach to tackle the issue, as evidenced by its failure to include tort reform in its behemoth 2,700-page health care reform bill.
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"There are unscrupulous lawyers, some of whom are very skilled and may hope to settle for just a little bit of money," says Kelen. "But I've been at this for a while, and I am not really aware of suits that were so frivolous that they were brought just to get money."
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Have you or one of your colleagues been named in a lawsuit that seems so frivolous that it could be the poster child for tort reform? If so, that doesn't change the fact that you may be in for a life-changing experience.
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If a CT scan of your ED patient isn't medically necessary, can the patient sue you for ordering one?
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The use of high-tech diagnostic imaging in EDs has quadrupled since the mid-1990s, says a new report from the Centers for Disease Control and Prevention.
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Misdiagnosis of aneurysmal subarachnoid hemorrhage in the ED has been reported to occur in a significant proportion of cases, due in part to a wide spectrum of presentations and subtle initial signs.