ED Legal Letter – June 1, 2014
June 1, 2014
View Issues
-
Patient Can’t Pay for ED Care? EPs Must Protect Themselves Legally
“I can’t afford that test,” “Don’t bother giving me an appointment for a specialist because my insurance won’t cover it,” “I can’t pay for that medication.” When an emergency department (ED) patient makes statements such as this, the emergency physician (EP) is often faced with few or no financial assistance options for the patient to achieve the recommended course of care. -
Suits Against EDs Unlikely to Involve Over-ordering of Tests
Over-ordering of diagnostic tests is a key focus of policymakers and insurers, but is unlikely to come up during malpractice litigation, according to health care attorneys and risk management experts interviewed by ED Legal Letter. -
Is EP Liable if Patient Fails to Disclose Substance Abuse?
When a patient arrived at an emergency department (ED) and reported chest pain, he failed to notify the emergency physician (EP) that he was addicted to opiates. The case involved a patient who suffered a cardiac event while visiting relatives. -
These Successful Claims Involved Inappropriate Discharge of ED Patients
A 42-year-old female presented to the emergency department (ED) with a complaint of a constant headache that began the day before arrival. The patient was seven days postpartum, having undergone an epidural block and cesarean section. -
Should EP Comply with Blood Draw Requested by Law Enforcement?
In the April 2013 case of Missouri v. McNeely, the Supreme Court ruled that police must generally obtain a warrant before subjecting a drunk-driving suspect to a blood test. -
Complaint Management System Has Prevented Bad Outcomes
The day after a man came to the ED at Edward Hospital in Naperville, IL, reporting low back pain and was discharged with analgesics, he received a phone call asking how he was feeling. He reported weakness and difficulty emptying his bladder.