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We should all be aware of the four components of malpractice the physician had a duty, breached the duty, there was harm to the patient, and the harm was caused by the breach of duty.
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Every trial usually comes down to a "battle of the experts," with the jury judging the credibility of the experts and making their decision. Consider these important factors, advises Linda M. Stimmel, a partner with the Dallas, TX-based law firm of Stewart Stimmel: Experience, education, training, the effectiveness of how the expert communicates with the jurors, and the bedside manner of the expert. "Even how the expert is dressed may affect their credibility."
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This is the second of a two-part series on delayed diagnoses in the ED. This month, we report on legal risks involving time-dependent medications and interventions.
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Stroke has evolved into brain attack. Now more than ever, the emergency physician must diagnose stroke rapidly and correctly.
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Interactions in the clinical setting that involve sexually related comments or behavior, personal relationships, or physical examination of private areas of a patient's body must be handled with sensitivity and good judgment to avoid potential liability.
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This is the first of a two-part series on delayed diagnosis in the ED. This month, we cover general liability risks and documentation. Next month, we'll report on why legal risks involving time-dependent medications and interventions are increasing.
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Photographs of ED patients' clinical findings are being taken more frequently, due to the ubiquity of digital cameras, increasing use of electronic medical records, and their recognized value in medical education. However, patients who are to be photographed should be informed of the photography and given an opportunity for informed consent.
