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ED Legal Letter – March 1, 2013

March 1, 2013

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  • Is Patient Leaving the ED Before Test Results Are Back?

    If a patient leaves your emergency department (ED) before the results of any test ordered by the emergency physician (EP) are back, the EP still has an ethical and legal responsibility to the patient to utilize those results in directing their care, unless the EP has passed that patients care on in a very clear manner, according to Robert Suter, DO, MHA, professor of emergency medicine at University of Texas (UT) Southwestern Medical Center in Dallas, TX.
  • EPs Being Held Liable for Mistakes Made by NPs, PAs

    All right, so technically Im responsible ... or Well, OK, I may be legally responsible, but ... These comments are common responses by emergency physicians (EPs) named in lawsuits involving mistakes made by physician assistants (PAs) or nurse practitioners (NPs) theyre supervising, says David W. Spicer, JD, a health care attorney in Palm Beach Gardens, FL.
  • EPs Face These Legal Risks if Discharging Psych Patient

    Recent mass shootings have resulted in psychiatrists being sued for failing to prevent one of their patients from harming others. Could the same thing soon occur with emergency physicians (EPs)?
  • EP vs. Consultant: Who Said What to Whom?

    Did an emergency physician (EP) have a telephone consult without requesting that the specialist see or examine the patient?
  • Neurological Misdiagnosis in ED: Uncommon, but Suit Likely

    Approximately 5% of patients presenting to EDs have neurological symptoms such as headache, dizziness, back pain, weakness, and seizure disorder, but little is known about the factors that led to misdiagnoses of neurological emergencies in the ED, according to a 2012 review of studies.1
  • Demanding Upfront Money from ED Patient?

    Some EDs are charging uninsured patients upfront fees for problems deemed nonemergent, with 88% of EDs reporting an increase in the number of self-pay patients seen in 2012, according to the Healthcare Financial Management Association.