ED Legal Letter – November 1, 2020
November 1, 2020
View Issues
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Plaintiff Attorneys Hunting for Social Media Posts Made by ED Staff, Expert Witnesses
Laboratory turnaround times are too long, individual emergency physicians are incompetent, equipment is in bad shape. Lawyers are getting better at finding those kinds of social media posts made by anyone even tangentially involved in the case.
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Jury Might Scrutinize Hospital Response to Safety Concerns
Most jurors believe employees are entitled to due process, whereby the appropriate parties address concerns and performance issues properly.
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Missed Appendicitis ED Claims Follow Similar Fact Patterns
The authors of a recent study learned missing appendicitis was more likely to occur among patients with comorbidities, women, and patients who experienced abdominal pain accompanied by constipation.
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Suspicious Changes to ED Chart Become Central Focus of Malpractice Lawsuit
Once someone concludes an emergency physician changed the medical record after a bad outcome, credibility (and likely the case) is lost. If there really is a valid reason to correct the electronic health record, clinicians should consult their facility’s policies and procedures regarding such corrections.
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Added Statement to NPDB Report About ED Lawsuit Is Not Always Warranted
A short statement to explain what led to a National Practitioner Data Bank (NPDB) report might be acceptable. A lengthy diatribe railing against the injustice of the lawsuit is not. Before submitting a response to a NPDB report, seek counsel.
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Specific Items, if Well-Documented, Prove ED Met EMTALA Obligations
When CMS surveyors come on site to investigate an EMTALA complaint, the outcome often comes down to documentation.
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Too Many EP Malpractice Claims Could Mean Liability for Hospital
In most states, hospitals already are vicariously liable for the actions of their hospital-based physicians. It is more difficult to defend the care of a clinician who is sued constantly.