ED Legal Letter – January 1, 2014
January 1, 2014
View Issues
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Pain, Legislators, and EMTALA
The prescription drug abuse epidemic in this country is a serious problem with implications not only for at-risk patients, but for providers. Providers must be mindful to identify patients at risk for abuse/overdose. However, the pendulum must not swing too far, resulting in reduced access to care for those with chronic medical conditions and compliance problems with the Emergency Medical Treatment and Active Labor Act (EMTALA). -
Lack of Documentation Equals Indefensible Missed MI Case
In a recent malpractice case, a widow stated that her husband presented with crushing substernal chest pain with shortness of breath, but the emergency physician (EP) testified that the chest pain occurred with cough only. -
These Clinical Pitfalls Contribute to Missed AMI
Allegations in malpractice claims against emergency physicians (EPs) involving missed acute myocardial infarctions (AMIs) are often related to the failure to diagnose. -
Was Patient Admitted to the Right Area of Care? EPs Face These Legal Risks
If an ED patient is admitted to a step-down unit and has a bad outcome, a plaintiff attorney might successfully argue that the patient should have been admitted to the intensive care unit (ICU) instead. -
EP Given Misleading Info About Complaint?
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Avoid Allegations of Failure to Diagnose Appendicitis