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In some states, only one party to a conversation has to consent for a recording to be legal, while in other states, both parties have to consent unless one of several exceptions to the law is present, such as anticipation that a crime is going to be committed or use by law enforcement, says William Sullivan, DO, JD, FACEP, an emergency physician at University of Illinois Medical Center in Chicago and a practicing attorney in Frankfort, IL.
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Admitted ED patients are "definitely in a gray zone," according to William C. Gerard, MD, MMM, FACEP, chairman and professional director of emergency services at Palmetto Health Richland in Columbia, SC. "Fortunately, they are admitted, and that takes your [Emergency Medical Treatment and Labor Act] risk away. But then you get into the malpractice risks," he says.
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While unauthorized videotapes made by a patient in your ED may seem highly inappropriate, those recordings can often be introduced as evidence in medical malpractice lawsuits, according to William Sullivan, DO, JD, FACEP, an emergency physician at University of Illinois Medical Center in Chicago and a practicing attorney in Frankfort, IL.
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Some emergency physicians (EPs) have admitted that they don't take time to read the nursing notes, according to J. Tucker Montgomery, MD, JD, a health care attorney in Knoxville, TN. "Complaints recorded there that go unaddressed, or a particular abnormal vital sign, can come back to bite an EP," he says.
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When an ED patient is being held while waiting for an inpatient bed, Rolf Lowe, JD, an attorney with Rogers Mantese & Associates in Royal Oak, MI, says "there is no bright line cut off for liability. Substandard care in the ED that has an effect on the patient's outcome can result in liability for the EP and the ED staff."
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It's time to revamp your chemical safety training. An updated Hazard Communication Standard will change labels and safety data sheets on everything from cleaning products and sterilizing agents to hazardous drugs. And it requires employers to train workers on the new system before Dec. 1, 2013.
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Norovirus is the organism most likely to trigger a shutdown of units in your hospital. And according to a recent survey of infection preventionists, it is responsible for more outbreaks than some deadlier organisms, such as Clostridium difficile and Staphylococcus aureus.
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In a "call to action," sharps safety experts are targeting gaps in needlestick prevention and seeking to spur a new commitment to make improvements.
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It will take a culture shift for doctors, nurses and other health care workers to consider fatigue as a major factor in patient and employee safety. But that moment may be a step closer with new guidance on fatigue management in the workplace.
