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Litigation Stress & Related Resources - Facing a legal battle can take a toll on emergency physicians’ physical and emotional well being. While we can’t promise to completely alleviate the stress associated with litigation, the College offers several resources.

Litigation Stress Counseling is a service made available to ACEP members by the Wellness Section and Medical Legal Committee. Through this program, volunteers provide peer-to-peer litigation counseling, but do not offer legal advice. For a referral, contact the EM Practice Department at 800-798-1822, ext. 3234. In addition, ACEP offers online resources:

 


 

Related ACEP Policies 

ACEP Bookstore 

Preventing Malpractice Lawsuits in Pediatric Emergency Medicine
Provides a practical approach to dealing effectively with the legal system and reducing the risks of malpractice. Previously settled lawsuits are described to provide you with real-life examples of legal principles and pitfalls. Relatively "legalese" free, this small book is big on content that will help you improve the quality of care you provide to pediatric patients and construct a sound legal framework and a cautious mindset to support your clinical practice.

Biggest Legal Mistakes Physicians Make and How to Avoid Them
An essential, easy to use desk reference that helps physicians avoid a myriad of hidden legal pitfalls. Written in an extremely readable, concise format. It clearly flags over 1,200 of the costliest legal errors physicians make.

Legal First Aid: A Guide for Health Care Professionals
This guide covers all aspects of both civil and criminal law problems and informs readers faced with difficult legal issues when to seek professional help. Every practicing health professional should have this guide!

Physicians Survival Guide to Litigation Stress
Provides both scientific and practical information needed to understand and respond to the pressures of a medical malpractice crisis. Explains why sued physicians react as they do, and suggests ways to manage and transcend the experience. Presents the five phases of the litigation experience. Most importantly, it presents proactive and practical steps physicians can take to effectively handle the crisis and get back to enjoying medicine and their lives.
 

External Links

Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates 
June 2003 report from the General Accounting Office (GAO). Determined that sufficient data is not available on this topic. Sole recommendation is for Congress to consider encouraging NAIC and state regulators to identify and collect additional information that could be used to properly evaluate the medical malpractice insurance market.

Resources

Medical Liability Insurance Crisis
The lack of affordable liability insurance is threatening the ability of many physicians to practice medicine, potentially leaving patients without access to medical care.

EMTALA 

Ethics 

Expert Witness 

Prudent Layperson 

Standard of Care Review

Does Standard of Care for Acute Ischemic Stroke in the ED Include tPA?
 

This paper provides an examination of the legal concepts that drive malpractice cases involving tPA.

 
Litigation Stress - A Primer
 
Medical Professional Liability Insurance
 
Preparing for a Deposition
 

Dr. Greg Henry shares his insight and knowlege on both the technical and personal aspects of preparing for a deposition.

 
Risk Management
 
So You Have Been Sued!
 
States Enact Liability Reforms Specific To Emergency Care
 

ACEP chapters in some states have helped enact legislation that provides special liability protection specifically for emergency care providers, including emergency physicians and on-call specialists.

 
Top Ten Documentation Mistakes
 

Dr. Greg Henry covers the most frequent documentation mistakes common to emergency physicians on their charting.

 
 
 
 
 
 
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ACEP recommends the following books and resources:
peer7-cdromPeer VII on CD-ROM

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