ED Legal Letter – July 1, 2017
July 1, 2017
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Deconstructing the Duty to Warn Doctrine
It has been the generally accepted standard that a provider must warn a third party of the potential harm from a patient when there is significant threat of harm toward a reasonably identifiable person. However, the delicate balance of these ethical challenges has come under recent assault.
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ED Patients in Observation Status Are Focus of Recent Med/Mal Cases
Sending a patient to an observation unit is not legally analogous to admitting a patient to the hospital.
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Recent Cases Spotlight Pressure to Admit ED Patients
Anything not in patient’s best interest ‘unacceptable.’
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Psych Patients Awaiting Transfer From ED Are High Legal Risks
Legal risks include security, deterioration of the patient’s condition, and unsafe handoffs.
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Unexpected Legal Risks of ED Patients With ‘Do Not Resuscitate’ Orders
Patients or families could sue for unwanted interventions or for withholding resuscitative efforts.
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Excessive Wait Times Common Issue in ED Malpractice Litigation
Attorneys allege patient should have been seen immediately.