ED Legal Letter – October 1, 2006
October 1, 2006
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Michigan's non-economic damages cap ruled constitutional; the cap applies to EMTALA claims
The case of Smith v. Botsford General Hospital contains a number of fascinating aspects and lessons for hospital-based emergency providers. -
The biggest liability risks in the ED during disasters
To avoid legal problems for your ED during disasters, it's not enough to have a good plan in place--you must ensure that staff are familiar with procedures and follow them. -
Statute of limitations: How it affects ED cases
The "discovery rule" plays an important role in many medical malpractice cases, including those arising from ED care. Under this rule, the statute of limitations does not begin to run until the patient "knew or should have known" that a viable claim exists. -
Special Report: Striking the Balance: HIPAA & the ED
The public nature and crisis setting of an emergency department (ED) makes the protection of confidential health information under the Health Insurance Portability and Accountability Act (HIPAA) particularly challenging.