ED Legal Letter – October 1, 2017
October 1, 2017
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Informed Consent: Beyond Signing a Form
The informed discussion is critical to the informed consent process and meeting the applicable standard of care for obtaining informed consent. Thus, the content of that discussion is more important than a signature on a form, which frequently doesn’t include enough details about the information shared with the patient. The concept of shared decision-making adds complexity to the idea of informed consent.
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Expanded tPA Criteria Means Many More Potential Plaintiffs
Did a stroke patient experience a bad outcome in the ED? If tissue plasminogen activator (tPA) wasn’t administered in the ED, without a good reason documented in the chart, a malpractice lawsuit is likely.
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Do State Damage Caps Apply to EMTALA?
A recent case is a good example of how a delay in implementing an order can expose EDs to EMTALA and medical malpractice claims.
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Missed Compartment Syndrome in the ED Often Leads to Litigation
Compartment syndrome is one of the few true orthopedic emergencies seen in the ED, and the consequences can be dire.
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EP Defendants Need Forensic IT Experts to Explain EMRs
A recent malpractice lawsuit against an EP alleged that a patient coded and spent two weeks in an ICU because he received a medication to which he was allergic. Since the electronic medical record (EMR) clearly documented the patient’s allergy to the medication, at first glance, it looked as though the EP had made a colossal mistake. However, this was not the case.