ED Legal Letter
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Simple Care, Concern Refute Perception of Bias that Fuels Lawsuits
It is not hard to imagine patients suspecting racial bias if they experience a rushed exam, long delays, or poor communication in the emergency department. Race is much more likely to become an issue if a provider behaves disrespectfully toward the patient.
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Evidence of Race Disparities in ED Could Support Negligence Claims
If plaintiffs allege they received poor care in an emergency department because of their race, it is important for the defense to consider evidence in the literature that the plaintiff attorney could use against the defendant.
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Hospital’s Quality Issues Can Cause Problems During ED Malpractice Litigation
If a hospital has below-average quality ratings, suboptimal satisfaction scores, or recent Emergency Medical Treatment and Labor Act violations, plaintiff attorneys will want the jury to know all about it. However, these are not necessarily going to be admissible in malpractice litigation.
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Same Issues Arise Repeatedly in ED Missed Sepsis Claims
When septic patients first arrive at emergency departments, they do not always appear to be that sick. Some are discharged home, and plaintiff attorneys later allege the patient was misdiagnosed.
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EDs Find Alternatives to Boarding Psychiatric Patients
A resource document from the American Psychiatric Association offers some solutions to the problem of boarding psychiatric patients.
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EMS Documentation Can Complicate Defense of ED Claim
Unpacking the various reasons why emergency medical service providers could become involved in emergency department malpractice lawsuits.
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Lawsuits Allege Negligent ED Care Caused Hospitalized Patient’s Poor Outcome
When emergency department patients are admitted but not yet transferred, that is a point of weakness for facilities.
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Analysis: 1 in 6 EMTALA Settlements Involve OB Emergencies
Researchers analyzed 232 Emergency Medical Treatment and Labor Act-related Office of Inspector General settlements that occurred between 2002 and 2018. During the study period, obstetric emergency settlements rose from 17% to 40%.
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Thoughts on the Future and Laws Governing APP Practice
Some are asking if state of emergency provisions that loosened or suspended pre-COVID-19 regulations will remain. One example is regulations that govern the scope of practice and supervision of advanced practice providers.
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Transfer Is Issue in Intracranial Hemorrhage ED Claims
If a patient needs a CT scan, but the machine is unavailable, should the emergency physician wait for availability, or transfer the patient to another facility?