ED Legal Letter – September 1, 2014
September 1, 2014
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Successful Claims Against EPs Involving Abnormal Findings After Patient Left ED
A recent malpractice claim involved a patient who presented to an emergency department (ED) with severe abdominal pain for which abdominal and pelvic CT scans were ordered by the emergency physician (EP). -
Mock Trials Familiarize EPs with Reality of Med/Mal Litigation
During residency and medical school, Dainius A. Drukteinis, MD, JD, FACEP, attended a number of lectures on medical malpractice. As I was already a lawyer, it was clear that the concepts could not truly be understood without engaging in the medical malpractice process itself, he says. -
No Documentation of Communication with Other Providers? ED’s Defense is Hindered
A patient who presented to the emergency department (ED) complaining of nausea and right upper quadrant pain radiating to the epigastric area, difficulty walking and climbing stairs, and difficulty breathing, was presumed to be suffering from cholecystitis and prepared for a cholecystectomy. -
Consider Downside of Employer-paid EP Malpractice Premiums
Some emergency physicians (EPs) might jump at an employers offer to cover the cost of their professional liability coverage. However, there are some potential downsides to this arrangement, warn legal experts. -
Hospital and EP Named Jointly? Interests Not Always Aligned
If an emergency physician (EP) and the hospital are both named in a malpractice suit, this can potentially complicate the EPs defense. The hospital, especially a large hospital thats self-insured, is going to have deep pockets, explains Thomas R. McLean, MD, JD, CEO of American Medical Litigation Support Services in Shawnee, KS. -
Avoid Unpleasant Surprises with Malpractice Coverage
Emergency physicians (EPs) might be very surprised to learn that if they are sued, the malpractice case could end up being settled without their consent even if the claim is very defensible depending on the terms of their malpractice coverage. -
Patient’s Medication History Was Pivotal Issue in Claim Against EP
When a patient who presented with a headache was asked about her medications by the emergency department (ED) nurse and again by the emergency physician (EP), she stated only that she was taking albuterol and fluticasone for asthma.