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What are the liability hazards of requiring all members of the medical staff to take emergency department duty?

What effects have Good Samaritan statutes had on the duty to render aid in an emergency?

What are the liability hazards of requiring all members of the medical staff to take emergency department duty?

For hospitals of significant size, ED coverage by physicians on call alone is asking for trouble. This situation presents too much opportunity for incorrect diagnoses to be made and treatment delays to occur, both of which lead to unfortunate situations and increase liability problems." (Showalter, 2020)

Among the challenges (i.e., pass, pressure, stress, and acuity) in emergency departments is providing quality care to patients with high-risk diagnoses under the pressures of limited information and increasing demands on time. This multidisciplinary environment inherently lends itself to potential medical errors and possible resulting litigation. The threat of a malpractice lawsuit particularly high in such environments.

For all medical staff members to work in the emergency department, they must all be held accountable for the quality of treatment delivered. All members of the emergency department must be qualified to give an accurate diagnosis, stabilization, treatment, and referral/transfer (if needed). "Emergency medicine has become a branch of its own, and many physicians in other disciplines are not competent to deal with emergency cases. Such physicians should not be on ED duty; neither should unsupervised first-year residents, physicians' assistants, and others who lack training in emergency medicine. Hospitals that wish to offer full-scale emergency services should staff the department with full-time licensed and certified physicians, nurses, and other personnel trained to handle emergency cases." (Showalter, 2020)

What effects have Good Samaritan statutes had on the duty to render aid in an emergency?

Good Samaritan Laws encourage physicians and other professionals to extend aid to strangers at the scene of an emergency. The essence of the legislation provides that physicians, registered nurses, or other healthcare professionals- or "any" person in some statutes-cannot be held liable for ordinary negligence when extending aid at an emergency scene, as long as the aid is extended in good faith and without gross negligence. (Showalter, 2020)

"There is some good news for the EP who voluntarily responds to an in-house emergency: Civil case decisions support application of Good Samaritan laws to protect physicians from certain liability claims for emergency care provided to in-house patients. Good Samaritan laws were initially promulgated to encourage physicians and other qualified professionals to render aid when they incidentally happen upon the scene of an automobile collision or other emergency in a public setting, not inside the hospital. Several courts, however, have extended this statutory protection to physicians who render appropriate emergency assistance, even within the hospital, so long as there is no preexisting duty to render assistance and no remuneration is requested or accepted." (Jacob, J., & Bitterman, R., 2022)

Reference

Jacob, J., & Bitterman, R. (2022, September 24). Emergency Physician Liability for In-

House Emergencies, Curbside Consultations, and Unofficial Patients.

https://www.reliasmedia.com/articles/52872-emergency-physician-liability-for-in-house-emergencies-curbside-consultations

Showalter, J. (2020). The Law of Healthcare Administration (9th ed.). Chicago, IL: Health

Administration Press.

Weaver, J. (2022, September 23). Good Samaritan laws: Are you protected when you render aid in a crisis. Relias Media.

https://www.reliasmedia.com/articles/117923-good-samaritan-laws-are-you-protected-when-you-render-aid-in-a-crisis

West, B., & Varacallo, M. (2021, September 20). Home - books - NCBI. Good Samaritan

Laws.

https://www.ncbi.nlm.nih.gov/books