Can the ED attending physician be held liable for a patients bad outcome even if he or she never saw the patient? In almost all cases, the answer is yes, at least to some degree, according to Kevin Klauer, DO, EJD, chief medical officer for Emergency Medicine Physicians in Canton, OH, and a member of the board of directors at Physicians Specialty Limited Risk Retention Group.
Your hospitals public relations staff may jump at the chance to advertise that patients can expect to see a doctor within 30 minutes in your ED, but claims such as this could easily backfire if a lawsuit involves this issue.
In one case that was eventually settled, an on-call specialist admitted making no effort to come in promptly, stating that traffic would be untenable for an hour because it was near the end of a Chicago Bulls playoff, recalls Tom Scaletta, MD, FAAEM, chair of the ED at Edward Hospital in Naperville, IL, and the emergency physician (EP) quoted the specialist verbatim to make it clear why a transfer was initiated.
A plaintiffs attorney in a missed myocardial infarction case showed the jury an EMR entry indicating the patients heart rate was within normal limits, as well as vital signs taken by a nurses assistant showing severe tachycardia.
