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Emergency Medicine: Litigation Spawns Caution in Admission and Discharge Rates


Posted on Nov 03, 2011

Two recent studies indicate that decisions made by hospitals to admit patients and discharge patients have become increasingly reliant on fears about medical litigation. Both studies were published in the October issue of the journal Annals of Emergency Medicine.

The first study surveyed 849 emergency department doctors from inner-city hospitals. 11% of respondents admitted to "medico-legal" concerns being the primary source for admitting patients, who may potentially suffer acute coronary syndrome, which is an emergency condition when the heart does not receive enough blood, resulting in a heart attack or unstable angina.

The second study looked into 27 emergency departments in New York and New Jersey. From 1996 to 2010, patients with congestive heart failure who were discharged directly from the ED decreased from 24% to 9%, respectively -- a 63% decrease. The study's authors contend the reason for keeping patients longer was likely fear of medical liability.

The author of the first study also identified "economics, hospital crowding and time constraints" as factors influencing admission and discharge decisions.

On the one hand, some see this as a problem because it indicates more work for the hospital and therefore higher medical costs. On the other hand, some see this as a welcome development for patients' safety.

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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

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Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.