ED Legal Letter – March 1, 2018
March 1, 2018
View Issues
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The Fourth Amendment: Coming to an ED Near You
ED staff work closely with municipal and state law enforcement officials as well as in-house security workers. That relationship is critical to patient, public, and provider safety. The maintenance of a cordial and functional relationship is imperative. However, it cannot happen at the expense of patients’ health, dignity, and constitutional rights.
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ED Staffing Scrutinized if Patient Experiences Bad Outcome in Waiting Room
Plaintiff attorneys allege inadequate ED staffing contributed to patients’ bad outcomes in medical malpractice cases. Typically, accusers allege the hospital allowed dangerously low staffing levels despite concerns and that triage nurses were inadequately trained.
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Did EP Override Safety Prompt for No Apparent Reason? It’s a Hurdle for Defense
Emergency physicians routinely override safety prompts in clinical decision support systems for very good reasons. However, a skilled plaintiff attorney can depict it as a rogue physician’s negligence.
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Settlement Likely for Missed Diagnosis Case, Even if ED Chart Shows It’s ‘Reasonable’
Defensible cases are settled sometimes because the plaintiff is sympathetic or because the dollar value of damages is high.
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Study: Constant ED Interruptions Source of Med/Mal Exposure
EPs were interrupted 12.5 times every hour on average, according to a recent study. EPs rejected or delayed interruptions less than 2% of the time.
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Overtesting for Medical Clearance Not Only Wasteful, It’s Also Dangerous
Still, many psychiatric facilities won’t accept patients transferred from an ED until extensive testing is complete.