ED Legal Letter – July 1, 2019
July 1, 2019
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Physician Health and Malpractice Risk: A Look at Holmes v. Lyons
If a state board licensing investigation is initiated, it is wise to immediately consult an attorney who is familiar with applicable law. Cases like these are a challenging factor in the tension between physician wellness and the shift to a culture of openness about physician wellness and medicolegal risk. Physician involvement in shaping how the states manage these issues has the potential to positively affect the health of both physicians and their patients.
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Attorneys Use EMTALA in False Claims Act Lawsuits — So Far, Unsuccessfully
The Department of Justice moved to dismiss several recent False Claims Act lawsuits based on alleged EMTALA violations. Future similar lawsuits are possible, but unlikely. Still, ED providers should watch the lawsuits closely, since FCA actions linked to EMTALA violations are theoretically possible.
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Recent Data on Claim-Prone MDs Carry Many Legal Implications for EDs
Often, ED colleagues are in the best position to detect problems with care. Hospital leaders should look for repeated behaviors alleged in multiple cases.
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Security Footage of ED Waiting Room Likely Admissible
Some factors that can determine the admissibility of this footage include visibility of other individuals, the ED’s physical layout in terms of making the event observable, and the fact that time-lapse recordings were used.
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Potential Liability Exposure for EDs Regarding HHS Conscience Rule
The rule should not change anything in terms of the care provided in EDs.
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Metadata Find Way Into ED Malpractice Litigation
It can help ED providers, hospitals, or plaintiffs prevail, assuming the information can be interpreted correctly.
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