LEGAL EAGLE EYE NEWSLETTER
For the Nursing Profession


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WHAT IS OUR MISSION?
      Our mission is to reduce nurses' fear of the law and to minimize nurses' exposure to litigation.  Nurse managers need to spot potential legal problems and prevent them before they happen. Managers and clinical nurses need to be familiar with how the law is applied by the courts to specific patient-care situations, so that they can act with confidence.  
    We work toward our goals every month by highlighting the very latest important Federal and state court decisions and new Federal regulations directly affecting nurses in hospitals, long term care facilities and home health agencies. We focus on nursing negligence and nurses' employment and licensing issues.    Our readers are professionals in nursing management, nursing education, clinical nursing, healthcare risk management, legal nurse consulting and law.

WHAT PUBLICATION FORMATS ARE AVAILABLE?
     The Email Edition is our most popular format.  You receive the newsletter as a PDF file attachment in an email sent to you every month.  On any computer or mobile device you simply click the file attachment to open, read, download, and/or print the newsletter. 
    The Email Edition is ideally suited to individuals.  It can also be used by large institutions.  Within an institution, like a hospital or university nursing department, an individual subscriber can forward pertinent articles to colleagues within the institution.  The content cannot be forwarded outside the institution or posted online.   An example might be a nursing director or director of nursing education who shares articles with nurse managers in individual clinical departments.
   The Online Edition is a format suited to educational and healthcare facility libraries with multiple users.  We send a link via email for the current monthly newsletter.  To open the link to the newsletter for that month the subscriber or other user must be using a computer or device whose IP address or range of IP addresses we have authenticated and given permission for online access.
     Print, Email and Online formats contain exactly the same content, eight pages with no advertising.

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Legal Eagle Eye Newsletter

For the Nursing Profession

PO Box 1342 Sedona AZ 86339

(206) 718-0861 

 

info@nursinglaw.com 

 

 

 

EMTALA: Court Sees Basis For Family’s Lawsuit.

Legal Eagle Eye Newsletter for the Nursing Profession

April 2017

    The patient was brought to the emergency department at the hospital after a syncopal episode while undergoing dialysis at a dialysis clinic.  The emergency department physician and nurses discharged him home because the hospital had an unwritten policy not to accept dialysis patients. UNITED STATES DISTRICT COURT MAINE March 7, 2017    

    The elderly patient suffered from Alzheimer’s dementia and chronic renal failure.  During dialysis at a dialysis clinic he had a sudden loss of consciousness.  He was rushed by ambulance to a hospital’s emergency department. The emergency department nurses obtained the patient’s history, took his vital signs, drew blood for the lab and per-formed an EKG. The EKG showed acute abnormalities which the emergency physician realized called for a cardiac workup, but the patient was nevertheless discharged home by the nurses pursuant to the physician’s order.  He collapsed and died hours later.

    The US District Court for the District of Maine saw grounds for the family’s lawsuit against the hospital for violation of the US Emergency Medical Treatment and Active Labor Act (EMTALA).  The nurses’ and physician’s screening in the emergency department showed acute cardiac abnormalities which qualified as an emergency medical condition.  The patient needed a more thorough cardiac workup before his emergency medical condition could be considered stabilized to the point that discharge home from the emergency department was appropriate. Michaud v. Hospital, 2017 WL 902133 (D. Maine, March 7, 2017).

More from nursinglaw.com

http://www.nursinglaw.com/dialysis.htm

 

http://www.nursinglaw.com/dialysis2.htm

 

http://www.nursinglaw.com/renal.htm