Does proving an ED was crowded help or hurt in a lawsuit?

March 2009
ED Legal Letter;Mar2009, Vol. 20 Issue 3, p28
This article investigates whether the adoption of the practice of documenting overcrowding help or hurt the emergency department (ED) physician in the event of a malpractice lawsuit. It is noted that documentation of severe overcrowding is viewed as an attempt to shift liability from the ED physician to the hospital and/or medical director for failure to have adequate plans and policies in place to handle surge. Reasons behind the adoption are detailed. The benefits of overcrowding documentation are discussed.


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