ED Legal Letter – October 1, 2013
October 1, 2013
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New York's High Court Rules Hospital Is Not Liable for Failure to Retain an Intoxicated Patient
Since ancient times, caring for alcohol-intoxicated patients in the emergency department has always been troubling and risky for emergency physicians and hospital staff. In a high-profile case in New York, the state's highest court essentially held that physicians and hospitals are not thy intoxicated brother's keeper. -
"Hindsight Bias" Common in ED Missed Sepsis Suits
Malpractice claims alleging missed or delayed diagnosis of sepsis, in which a patient is initially brought to the emergency department (ED) and ultimately dies or suffers a highly adverse outcome, can rarely be traced to a single mistake, according to Damian D. Capozzola, JD, of The Law Offices of Damian D. Capozzola in Los Angeles, CA. -
ED Patient Escapes Restraint: Bad Outcome? Expect Suit!
After a patient on a psychiatric hold managed to escape restraints, he ran out of the emergency department (ED) and was hit by a truck. -
Fear of Suit Stops Some EPs From Giving tPA
Even if a patient with a suspected stroke meets the criteria for tissue plasminogen activator (tPA), emergency physicians (EPs) are sometimes reluctant to administer it without having a neurologist evaluate the patient, says Joseph Shiber, MD, FACEP, FACP, FCCM, associate professor of emergency medicine and critical care at University of Florida College of Medicine Jacksonville. -
Do You Treat Frequent ED Patients Differently?
The most common scenario in malpractice lawsuits involving frequent ED patients is failure to adequately diagnose, treat, and stabilize an emergent medical condition, says John Burton, MD, chair of the Department of Emergency Medicine at Carilion Clinic in Roanoke, VA.