ED Legal Letter – April 1, 2016

April 1, 2016

• When Hackers Target Hospitals

  Is your ED prepared?

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• EPs’ Legal Risks Post-cyberattack Are Unclear

  If an attorney brings litigation claiming a hospital didn't make reasonable efforts to prevent a cyberattack that harmed an ED patient, could the emergency physician face liability?

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• Are Copays Collected in ED? Beware of EMTALA

  To minimize any EMTALA concerns, the medical screening examination and any medical care needed to stabilize an emergent medical condition should never be delayed as a result of obtaining any financial information — including collecting co-pays.

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• EP Defendants Face Unpleasant Surprise: Med/Mal Policies Have Coverage Gaps

  Here are some areas of risk that ED professional liability insurance typically doesn’t cover.

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• Can Notes by Other ED Providers Force Settlement, or Help EP?

  Conflict with documentation of other providers is a “common but avoidable area of ED risk,” experts say.

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• Will Plaintiff Attorney Sue EP, or Decide Claim Is Unwinnable?

  ED chart can prevent — or inflame — litigation.

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