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A 70-year-old man went to the emergency department complaining of shortness of breath. Although chest X-rays showed a suspicious mass in his left lung, physicians did not notify him or his primary care doctor. Nine months later, when he returned to the hospital complaining of shortness of breath, physicians discovered the man had lung cancer. A jury awarded the patient and his wife more than $2.8 million.
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Risk managers have struggled for a long time to interpret the Emergency Medical Treatment and Labor Act, but the recent release of the final rule promised to clear up a great deal of disagreement and differing takes on what the law requires. Some of that promise was fulfilled, but there still is plenty of room to worry about what EMTALA really means, say legal experts who continue to study the law for its many nuances.
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Just because the final Emergency Medical Treatment and Labor Act eased some of the prior burden on hospitals doesnt mean you should go overboard in trying to divine exactly what is and isnt allowed.
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Medical injuries during hospitalization result in longer hospital stays, higher costs, and a high number of deaths, according to a study from the Agency for Healthcare Research and Quality. Postoperative bloodstream infections had the most serious consequences.
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A floor nurse discovered she had hepatitis C six years after testing positive for the disease. The nurse and her former spouse sued the nurses employer for withholding the information and were awarded $2.9 million and $575,000, respectively.
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What would happen if a patient with suspected or probable SARS showed up at your emergency department? To help you prepare for the threat, Thomson American Health Consultants offers the upcoming audio conference: The Resurgence of SARS: Why Your Hospital May Not Be as Prepared as You Think, Dec. 9, from 2:30-3:30 p.m. ET.
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SARS requires constant readiness, at least until health authorities determine that the virus is no longer spreading, says Susan Kinter, RN, JD, director of claims litigation and risk management at the University of Maryland Medical System in Baltimore.
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Health care risk managers should exercise caution when implementing SARS-related work restrictions and other responses to the deadly virus, says Kent Jonas, JD, a labor and employment attorney with the firm of Thelen, Reid & Priest in San Francisco. Acting hastily might result in a lawsuit or charges of federal labor violations, he warns.
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A Hayward, CA, jury recently returned a $14.85 million verdict against John Carper, MD, an Alameda family practitioner, and Alameda (CA) Hospital for delay in performing a cesarean, resulting in brain damage and cerebral palsy.
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A $250,000 cap on noneconomic damages in medical malpractice cases would have saved 25% of nearly $1.2 billion in malpractice settlements and awards paid in Florida in just three years, according to a new report by Floridians for Quality Affordable Healthcare.
