ED Legal Letter – March 1, 2016
March 1, 2016
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Plaintiff Attorney Could Have Tough Time Proving Causation in ED Med/Mal Suit
The plaintiff’s attorney must prove that the EP breached the standard of care, and that the breach caused the alleged damages.
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High-risk ED Abdominal Cases Involved These Diagnostic Errors
Researchers developed an electronic tool to identify patients who presented to the ED of an urban academic hospital with acute abdominal pain who were discharged home, had a return ED visit within 10 days, and were admitted to the hospital when they returned.
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Are Missed Abdominal Pain Claims Against EPs Defensible?
Many claims involving misdiagnosis of abdominal pain in the ED involve multiple visits to the ED, or to other providers such as primary care physicians or urgent care centers.
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Patient Doesn’t Appear Seriously Ill? Bad Outcomes Can Occur in ED Waiting Rooms
Don’t buy into the myth that the patient can’t die in the lobby.
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Examining Legal Pitfalls for EPs When Treating Patients with Time-sensitive Diagnoses
Poor documentation can make these cases very difficult to defend.
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Many Crowded EDs Have Not Adopted Proven Solutions that Address Problem
Researchers worry a crowded ED is now the new status quo, which reduces the incentive to change.
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Plaintiff Attorney Could Argue ED Was Unprepared for Mass Shooting
An expert warns that an ED's failure to prepare for mass shooting events might not only risk patient safety, but could also result in liability risks to the hospital and EPs.