ED Legal Letter – May 1, 2019
May 1, 2019
View Issues
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ED Violence Often Unreported, Ignored by Prosecutors, Dismissed by Judges
Assaulting ED providers is a felony in many states. However, it is rare for anyone to press charges against assailants.
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Measles Case in Waiting Room? Liability Exposure if Diagnosis Missed
Measles outbreaks have alarmed public health officials in many states. Many infected people end up in ED waiting rooms. If providers miss the measles diagnosis, there are potential liability risks for both ED providers and hospitals.
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Patients Want a Diagnosis, But a Premature One Can Fuel Lawsuit
Patients do not like leaving the ED without receiving a definite diagnosis. However, this kind of closure is not always possible in the ED, where many people are sent home with a symptom-based diagnosis.
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Multiple Allegations Against EPs in Airway Management Cases
Airway management cases involving devastating outcomes are a significant source of liability for EDs. Some common allegations include using wrong-sized equipment and failure to verify tube placement after transport.
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When ED Is Crowded, Hospital Admission Becomes Less Likely
Patients are less likely to be admitted when the ED is crowded, according to the authors of a recent study. However, patients discharged during periods of crowding are not more likely to return to the ED within two weeks of discharge.
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Higher Premiums and Payouts Possible for EPs With Restrictive Scope-of-Practice Laws
Will the EP be held liable for malpractice committed by a nurse practitioner (NP) in the department? It is more likely if the state has instituted restrictive scope-of-practice laws governing NPs, according to the authors of a recent analysis.
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Testicular Torsion Claims Continue Despite Better Awareness
A closer look at some common fact patterns in missed testicular torsion cases.
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Non-ED Providers Have Surprisingly Low Risk Tolerance
When it comes to acceptable miss rates of low-probability, high-risk diagnoses, non-ED providers have a surprisingly low tolerance for risk. This finding conflicts with clinical practices one researcher recently observed.