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The quiet of your slow night shift is suddenly broken when three young adults arrive by local ambulance. All three were unrestrained victims in a single-vehicle rollover. Amid the airways, lines, tubes, radiographs, and calls to the regional trauma center, you notice that blood continues to drip from orifices and open wounds.
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Have you or one of your colleagues been named in a lawsuit that seems so frivolous that it could be the poster child for tort reform? If so, that doesn't change the fact that you may be in for a life-changing experience.
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"There are unscrupulous lawyers, some of whom are very skilled and may hope to settle for just a little bit of money," says Kelen. "But I've been at this for a while, and I am not really aware of suits that were so frivolous that they were brought just to get money."
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All action in the medical malpractice arena is happening in the states; the U.S. Congress has no stomach to tackle the issue, as evidenced by its failure to include tort reform in its behemoth 2,700-page health care reform bill.
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Although lawsuits against nurse practitioners (NPs) and physician's assistants (PAs), often referred to as "mid-level providers" or "physician extenders," aren't very common, they typically name the supervising ED physician.
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The practice of emergency medicine is unique in that an emergency medicine physician acts as a gatekeeper: while treatment of a patient may be brief, initial examination and assessment will often dictate the course of the patient's treatment after admission to the hospital.
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Your ED patient's bad outcome might have nothing to do with the fact that he or she was held in the hallway while awaiting an inpatient bed. However, it could impact the outcome of subsequent litigation against the ED.
