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December 1, 2011

View Archives Issues

  • Plaintiffs Strive to Twist EMTALA Into a Federal Malpractice Act?

    Plaintiff attorneys continue efforts to turn ordinary "failure to diagnose" malpractice claims into claims for "failure to provide an appropriate medical screening exam" under federal law, the Emergency Medical Treatment and Labor Act EMTALA.
  • Should an ED Suit Be Quickly Settled — or Vigorously Defended?

    Agreeing to settle a plaintiff's claim alleging ED malpractice may not sound like a good idea to the emergency physician (EP) named in the lawsuit, but, in fact, this course of action is often in everybody's best interest.
  • Is Plaintiff Willing to Drop EP Named in Suit?

    Under what circumstances might a plaintiff's team be willing to drop the emergency physician (EP) involved in a lawsuit and allow the hospital to settle with the patient?
  • Claim Against EP? Upfront Approach Speeds Resolution

    Whether a claim against an emergency physician (EP) is ultimately settled, defended, or dismissed, taking an upfront approach has resulted in quicker resolution of claims, reports Ryan Domengeaux, vice-president of enterprise risk management and internal counsel for Schumacher Group, an emergency medicine practice management company in Lafayette, LA.
  • How Much Damage Does Lawsuit Really Do to EP?

    Generally speaking, when an emergency physician (EP) loses a trial, it may take him or her a long time to recover personally, psychologically, and emotionally. "But with a few rather glaring exceptions, the public is unaware of that in large measure," according to Joseph P. McMenamin, MD, JD, FCLM, a partner at Richmond, VA-based McGuireWoods and a former practicing EP.
  • Many Misconceptions on ED Nursing Liability

    The vast majority of emergency nurses, during their entire career, will never be involved in a lawsuit, even as a witness, much less as a named defendant, according to Edie Brous, RN, Esq., a New York City-based nurse attorney. "There are many misperceptions about liability exposure," she says. "Although the fear of liability has increased, actual lawsuits, in fact, have not."