ED Legal Letter – March 1, 2017
March 1, 2017
View Issues
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ED Peer Review Information Can Land in Plaintiff Attorney’s Hands
ED peer review materials can end up being discoverable during malpractice litigation, if requirements aren’t closely followed.
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Is Your ED Patient Now a Plaintiff? Long Legal Battle Might Be Avoidable
Upfront meetings save both sides time and expense.
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Was ED Patient at Fault for Bad Outcome? Subtle Approach Often Is Best Defense Strategy
It is challenging for defense attorneys to argue that an ED plaintiff’s own actions — leaving against medical advice, failing to follow up, or giving an inaccurate history — contributed to a bad outcome.
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Plaintiff Attorney Added EMTALA Claim to ED Malpractice Lawsuit
Jury awarded plaintiff $1.45 million in punitive damages.
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Consultant Refuses to See ED Patient? Legal Risks Exist on Both Sides
EPs sometimes are faced with on-call consultants who are reluctant to come in to see the ED patient, exposing the EP, the consultant, and the hospital to liability.
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Malpractice Outcome Could Hinge on What ED Nurses Documented
Charting by ED nurses is issue ‘in almost every case.’
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Even if They Never Saw a Patient, EPs Still Can Be Named as Defendants
Even if the defense attorney makes it clear that the EP never saw the patient, it’s unlikely the plaintiff attorney will simply dismiss the EP.