2 lawsuits for poor ED care have different outcomes
These cases illustrate the impact that discharge instructions given to ED patients have on the outcome of a malpractice lawsuit:
- After a man with abdominal pain was diagnosed with possible gastritis or gastroenteritis, ED nurses gave him oral and written instructions to see a doctor within two days. However, he did not follow these. Instead, he returned to the ED six days later with a perforated appendix complicated by gangrene, which required an emergency appendectomy with partial colon resection, primary anastomosis, and small bowel resection.
The man filed a lawsuit and claimed that his printed instructions were inadequate and that he didn’t recall the oral instructions because he was under the influence of Demerol at discharge. ED documentation enabled the defense to show that the patient was alert and oriented at discharge and that he signed discharge instructions clearly advising him to seek medical follow-up within two days. As a result, the hospital won the case.
A man was treated in an ED for a sprained finger without being given any specific instructions about symptoms that would require immediate medical care. Unfortunately, the surgery he required could only have been performed within seven to 10 days of injury, and he was left unable to move or flex his finger. The defense claimed that oral instructions were provided that informed the patient that he had a tendon injury and should contact an orthopedist within one to two days. The jury awarded the plaintiff $110,000.2
References
- Laska, L. Man diagnosed with perforated appendix after discharge from ED. Medical Malpractice Verdicts, Settlements, and Experts 1998; 14:14.
- Laska, L. Injury to ring finger. Medical Malpractice Verdicts, Settlements and Experts 1998; 14:16.
Article Limit Reached
You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
- Award-winning Medical Content
- Latest Advances & Development in Medicine
- Unbiased Content