ED Legal Letter – August 1, 2009
August 1, 2009
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Courts Upholding Expert Witness Requirements
Long ago, one of my mentors staunchly opined that "only a 'real doctor' should be allowed to testify that a 'real doctor' breached the standard of care." Two recent high-level court decisions upholding tort state reforms bring us closer to that reality, i.e., requiring the plaintiff's physician expert to actually practice medicine in order to testify in a medical malpractice lawsuit. -
Pinpoint Triage Practices that Increase Your Risk of Missed MI
This is the first of a two-part series on missed myocardial infarction [MI] cases. This month, we report on the best practices for reducing liability risks involving triage, and review cases of chest pain patients involving adverse outcomes in ED waiting rooms. -
Special Report: Non-Accidental or Accidental Trauma - Maybe, Maybe Not?
Over the years, emergency medicine physicians and pediatricians have been sued many times for failure to recognize and report non-accidental trauma and vulnerable children. Unfortunately, there are a number of ways to go wrong when it comes to reporting child abuse, and there are three recognized liability issues: A liability for failure to report suspected abuse, liability for reporting suspected abuse and liability for unauthorized release of confidential information during the course of reporting. -
Chest Pain Patients Having Bad Outcomes in Waiting Rooms
"Unfortunately, while health care access continues to decline, the episodes of bad outcomes in waiting rooms can only rise. -
ED Patients May Sue for Injuries Arising from Restraint
Use of excessive force. Misapplication of restraints. Failing to follow standards from the Centers for Medicare & Medicaid Services (CMS) or The Joint Commission. Any of these practices can result in a liability claim from an ED patient for injuries arising from restraint.