ED Legal Letter – October 1, 2016
October 1, 2016
View Issues
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Is Psychiatric Boarding an Unconstitutional Necessity?
The decision by the Washington Supreme Court to declare the practice of psychiatric boarding unconstitutional presents a novel approach to fighting the practice and advocating for our patients. However, in doing so, the court created new avenues of risk for providers and put patients in harm’s way if the court eliminated the practice of psychiatric boarding without adequate resources in place.
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How Much Protection Do ‘Good Samaritan’ Laws Really Offer EPs?
The answer depends on where the care took place, if the EP received compensation, and in what state the EP is located, among other factors, according to legal experts.
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‘Brief, Superficial’ ED Interactions Spur Litigation
If patients think ED providers were rushed, inattentive, or disregarded their symptoms and complaints, they’re much more likely to second guess the care and explore legal remedies.
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Study: EMTALA Violations Found 40% of Time
But only 3% triggered fines.