ED Legal Letter – June 1, 2009
June 1, 2009
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'Against Medical Advice' in the ED: Where We Are in 2009
In light of the existing health care crisis, patients who leave the emergency department (ED) against medical advice (AMA) will foreseeably represent an increasing population of emergency patients. Despite this, these patients have attracted little academic interest within the emergency medicine literature. -
In danger of being sued? Don't go into denial
If it ever happens to you, it's a moment you'll never forgetbeing served with papers from a patient's attorney. What do you do first? -
Special Report: Of Tourniquets and Arbitrations
A recently arbitrated case presents a starting off point for a discussion regarding a commonly applied dressing and a frequently used but often misunderstood method of resolving medial malpractice disputes. -
Personal communications can be discoverable
Your own personal notes about a patient's care. Incident reports if a patient is harmed. Information given verbally or in writing to the hospital's risk managers. Conversations or e-mails with other ED physicians about the patient's care. E-mails or conversation with physicians who don't work in your ED. Personal correspondence with non-involved parties. -
A blood culture result comes back positive: What are your legal risks?
Four blood cultures come back positive, but when an ED nurse contacts the woman's husband, he says she's doing much better. Neither the ED nurse nor the physician asks the patient to return to the ED, and she returns two days later with altered mental status and partially treated meningitis. An adverse outcome results. Could your ED be sued?