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After waiting 22 hours to be transferred to another facility, a homeless man committed suicide in a Douglasville, GA, ED seclusion room. An investigation by the Centers for Medicare and Medicaid Services (CMS) found that the man had not been properly monitored by ED staff.
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By nature of their training, skills, and in some hospitals, based on their job descriptions, emergency physicians often respond to hospital "Code Blue" alerts. Not surprisingly, many patients involved in Code Blue situations have poor outcomes, and patients or their families may elect to bring medical malpractice claims against the physicians involved in the resuscitation attempts.
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In April of this year the Centers for Medicare and Medicaid Services (CMS) proposed changes to the Emergency Medical Treatment and Active Labor Act (EMTALA) regulations that would once again significantly impact EMTALA's patient transfer rules.
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Imagine this e-mail from one of your colleagues being Exhibit A at your malpractice trial: "You misdiagnosed Jane Doe with indigestion last night and she showed up this morning on my shift with a heart attack and didn't live. Since this is your third time to miss this sort of thing, you really need to pay better attention."
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Before giving a stroke patient tissue plasminogen activator (tPA), you must consider not only whether the patent is a candidate, but also whether the setting is appropriate, says Edward Jauch, MD, MS, assistant professor in the department of emergency medicine at University of Cincinnati and a member of the Greater Cincinnati/Northern Kentucky Stroke Team.
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Emergency physicians are much more likely to be sued for not administering tissue plasminogen activator (tPA) to stroke patients, than for giving the drug, says a new study.
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You are treating a patient that you feel would be a good candidate for 'Drug X.' Unfortunately, 'Drug X' is not indicated by the FDA for the treatment of that specific condition; and, you are unable to find prescribing information regarding the optimal dose or duration of therapy with 'Drug X' for that condition. You realize that your use of 'Drug X' in this circumstance would be considered "off-label." What legal risks, if any, might you face?
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If an emergency physician is arrested for assaulting a patient or for inappropriate sexual conduct, there is potential liability exposure for both the emergency medicine group and the hospital where the ED is located, says Thomas H. Taylor, a health care attorney at LaCrosse, WI-based Johns, Flaherty & Collins.
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The "standard of care" often has a significant impact on the outcome of ED malpractice lawsuits, but the way this is defined can vary according to state law and other factors.
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There is now considerable data indicating that the use of high-dose steroids for spinal cord injuries is not effective and can even be harmful to patients. Despite this, are ED physicians still "obligated" in a legal sense, to administer high-dose steroids to patients with spinal cord injuries?
