ED Legal Letter – March 1, 2009
March 1, 2009
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ED Discussions after Patient Death Not Covered by Peer Review Privilege
Jason Rinehart presented to the emergency department (ED) of Akron General Medical Center with nausea, vomiting, and back pain.1 No definitive diagnosis was made, and the patient was discharged with medications to control his symptoms. He died hours after discharge, and an autopsy revealed an aortic dissection as the cause of death. -
Does proving an ED was crowded help or hurt in a lawsuit?
Some EDs have adopted the practice of documenting overcrowding, either by flagging patient charts or electronically recording the information with software, to pinpoint exactly how busy—and possibly, how understaffed—the department was on a given time and day. But is this going to help or hurt the ED physician in the event of a malpractice lawsuit? -
Seven Ways to Succeed in Getting Sued (without Really Trying)
Dr. Janiak has served as an emergency medicine medico-legal consultant for over 30 years, and has reviewed hundreds of malpractice cases. In the process, he has recognized common patterns and mistakes that emergency physicians make that set them up to be sued. This article takes a tongue-in-cheek approach to pointing out potential mistakes and ways that lawsuits might be avoided. -
Does your ED patient have a case against you?
Being served with papers indicating a patient has sued you is a shocking and upsetting moment. However, this doesn't necessarily mean the case is valid—or even that it will go forward at all.