Medico-Legal Considerations =========================== þ EMTALA þ Employee physicians þ Minors and Consent þ 30 minute rule for response of consultants to ED. - NJ has a state regulation that requires consultants to respond within 30 minutes. þ Doctrine of Non-Delegatable Duty þ Prudent Layperson Statutes - PA Prudent Layperson Statute (Act 112 of 1997) - see also Legislation: þ Restrictive Covenants - How To Scrutinize Restrictive Covenants, By Brian Wyatt, Esq. [copyrighted article from Physician's News Digest (WP), June 1977, scanned for personal use only.] - Restrictive Covenants Ruled Unlawful in Alabama þ Violence in ED - many states now make it a felony to attack someone in the ED. - S.B. 1313 passed both houses in PA and signed into law by governor in PA in 1996. Title 18, PA Consolidated Statutes, Section 2702 þ Peer Review Documents are Protected? þ AMA (Against Medical Advice) þ Good Samaritan Laws: þ Third-Party Safety Concerns: þ Ypsilanti Hospital, Michigan: staff rules say it is unethical to ask about insurance when calling in to the ED as consultant. þ Managed Care: - Shed Smith case, DC: alleged denied care by managed care organization (wife called, denied care, called back, told to call ambulance service (not 911). Went into v. fib en route and died. Estate won. - Lillian Smith case: denied bone marrow transplant - Wickline case: discharged home because ran out of money, had leg amputated as a result. Named managed care organization as well as doctor; but found immune based on ERISSA rules. [source: Greg Henry, M.D.] þ Malpractice: þ "Additional" vs. "Named" insured: - much less protection if not "named" - Webb v. Witt, No. A-3815-03T1 (N.J. Super Ct. App. Div. July 8 2005) þ Discharge Instructions: - Jolly BT, Scott JL, Feied CF, Sanford SM: Functional illiteracy among emergency department patients: A preliminary study. Ann Emerg Med 1993;22(3):573-578. Computer analysis of instruction sheets given to patients in the emergency department showed that many were written in a manner inappropriate for the educational level of the general ED patient population. þ Deposition advice