ED Legal Letter – January 1, 2011
January 1, 2011
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Liability in Ordering and Prescribing Medication
Administering medication in the emergency department (ED) or prescribing medication upon discharge exposes the ED physician to liability. When there are resultant complications, side effects, or injury as a result of a medication, lawsuits often are filed. This article will discuss the ED physician's duty to warn and will provide general guidelines on whether a pharmacist or a physician will assume liability in a given situation. -
When Inpatient Boards in ED, Who is Responsible?
When an admitted patient is boarded in the ED for extended periods, there may be confusion over who is responsible for the patientis it the ED physician, the hospitalist, the surgical specialist, or the medical specialist? -
Tempted to Point Finger at Other Doc?
William Sullivan, DO, JD, FACEP, director of emergency services at St. Margaret's Hospital in Spring Valley, IL, and a practicing attorney, helped an ED physician defend a case involving a patient who died after being boarded in the ED for more than 5 hours. The ED physician stated that the admitting physician accepted responsibility for the patient. The admitting physician denied responsibility since the patient was not admitted to the floor. -
Should ED Be Held to ICU Standard of Care?
One legal question is what standard of care the ED would be held to in the event of a lawsuit involving an admitted boarded patient's bad outcome. -
What Does ACEP Say on Boarded Inpatients?
Two of the American College of Emergency Physicians (ACEP)'s policies address the issue of who is responsible for inpatients being held in EDs. The October 2007 policy, "Responsibility for Admitted Patients" recognizes that the patient benefits when there is a clear delineation of who is responsible for the patient's care. -
Who's Responsible? Clarify Before Lawsuit
After a lawsuit is filed alleging poor care of a boarded patient is not the time to figure out who was legally responsible. -
Was Specialist Involved in Your Patient's Care?
Did a surgeon examine your abdominal pain patient, or did a gastroenterologist give a second opinion on a complex issue? Unless this is documented appropriately, the ED physician may be the only one left "on the hook" if a bad outcome occurs.