ED Legal Letter – January 1, 2020
January 1, 2020
View Issues
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Supreme Court Ruling Provides Clarity on Law Enforcement-Requested Blood Draws
Law enforcement requests for blood alcohol levels are legally complex for ED providers. A Supreme Court ruling states no warrant is needed to draw blood from unconscious patients suspected of driving intoxicated.
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Opioid Prescribing Cropping Up in ED Malpractice Claims
Learn more about the factors that repeatedly arise in malpractice claims involving opioids in the ED.
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Likeability of Plaintiff, Defendant Can Influence Med/Mal Outcomes
Even if a case against an EP is technically strong, it can prove unwinnable if the plaintiff is unsympathetic. The same is true if the EP is charismatic.
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Defensive Charting Can Lead to Unintended Consequences for Everyone
If EPs do not see the nursing notes, they will not be able to address statements claiming they did nothing to address a patient’s deteriorating condition.
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ED Defense Can Counter Opposing Expert’s ‘Flagrantly False’ Testimony
Hindsight bias, lack of ED work experience, and earning a living through testimony are factors that can make for problematic witnesses.
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Analysis Reveals Med/Mal Risks for Antibiotics Administered in ED
Evidence on actual legal risks of failing to give antibiotics is lacking. Part of the problem is that both clinicians and patients frequently believe that taking an antibiotic is the safest practice in cases where it is unclear if antibiotics are needed.
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Sparsely Charted History and Physical Complicates Med/Mal Defense
The chart should clearly show what was considered, and what was ruled out, during the visit. Thoroughness in this regard leads the EP to the appropriate testing, treatment, and disposition.
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Claims Allege ED Failed to Diagnose Fracture; Cases Feature Similar Fact Patterns
Orthopedists were the most frequently named specialty in fracture-related malpractice lawsuits, according to the authors of an analysis of claims occurring from 1988 to 2015.