ED Legal Letter – September 1, 2019
September 1, 2019
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Most ED Med/Mal Claims Include Diagnostic Error; Many Result in Permanent Injuries, Death
About one-third of malpractice allegations in the ED resulted in permanent injuries. Of those cases, 38% involved grave injury or death, according to the authors of a recent analysis of 1,362 closed medical professional liability claims from 2014 to 2018.
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Negligent Credentialing Puts Hospital on Hook in ED Claim
Negligent credentialing is a way to bring the hospital into malpractice litigation against an EP. It also circumvents state damage caps in some cases.
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Anticoagulant Misadventures Give Rise to Malpractice Claims
Allegations in ED malpractice claims involving anticoagulants can include improper administration, improper withholding, and failure to continue the drug during hospitalization.
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Multiple Defendants in ED Claim? Often, Conflicts Are Inevitable
Many ED malpractice claims include multiple defendants. Each defendant has unique (and sometimes competing) interests.
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EPs Facing Litigation Need Support
Many EPs who find themselves defendants question their own skills and experience anger and depression.
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ED Patient 'Drunk, Disheveled, Foul-Smelling,' According to Medical Record
Healthcare workers should avoid angry charting. Judgmental or insulting statements about patients and coworkers can come back to haunt a physician or nurse in litigation.
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‘Very Scary’ Legal Ramifications for Hospitals if ED Clinician Diverts Drugs
If ED nurses or physicians are diverting drugs, a state board investigation, malpractice lawsuit, or both are possible. The hospital also could be legally exposed.