ED Legal Letter – August 1, 2020
August 1, 2020
View Issues
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Thoughts on the Future and Laws Governing APP Practice
Some are asking if state of emergency provisions that loosened or suspended pre-COVID-19 regulations will remain. One example is regulations that govern the scope of practice and supervision of advanced practice providers.
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Analysis: 1 in 6 EMTALA Settlements Involve OB Emergencies
Researchers analyzed 232 Emergency Medical Treatment and Labor Act-related Office of Inspector General settlements that occurred between 2002 and 2018. During the study period, obstetric emergency settlements rose from 17% to 40%.
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Lawsuits Allege Negligent ED Care Caused Hospitalized Patient’s Poor Outcome
When emergency department patients are admitted but not yet transferred, that is a point of weakness for facilities.
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EMS Documentation Can Complicate Defense of ED Claim
Unpacking the various reasons why emergency medical service providers could become involved in emergency department malpractice lawsuits.
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EDs Find Alternatives to Boarding Psychiatric Patients
A resource document from the American Psychiatric Association offers some solutions to the problem of boarding psychiatric patients.
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Same Issues Arise Repeatedly in ED Missed Sepsis Claims
When septic patients first arrive at emergency departments, they do not always appear to be that sick. Some are discharged home, and plaintiff attorneys later allege the patient was misdiagnosed.
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Hospital’s Quality Issues Can Cause Problems During ED Malpractice Litigation
If a hospital has below-average quality ratings, suboptimal satisfaction scores, or recent Emergency Medical Treatment and Labor Act violations, plaintiff attorneys will want the jury to know all about it. However, these are not necessarily going to be admissible in malpractice litigation.