Emergency Medicine Cases: Why They Are Misread at Intake in Both Directions
Dr. Andrew Tisser, DO MBA & Gina Marra, RN LCSW LNC CLCP
Emergency medicine cases are the cases most likely to be misread at intake. In both directions.
Attorneys assume EM cases are hard to win because emergency physicians make fast decisions with incomplete information. That assumption causes viable cases to get declined.
Attorneys also assume that a bad outcome in the emergency department equals a deviation from the standard of care. That assumption causes bad retains.
What Actually Makes an Emergency Medicine Case Viable
The triage documentation captured a complaint or vital sign pattern that required a specific workup under the applicable clinical guidelines, and that workup was not initiated. The return precautions given at discharge were inadequate or absent. The patient was sent home with an abnormal finding that was not addressed or explained. A high-risk diagnosis was not included in the differential and no documentation explains why it was excluded.
What Makes Them Fall Apart
The classic undifferentiated presentation where reasonable physicians could reach different conclusions. The against-medical-advice departure where the patient refused recommended workup. The patient who presented differently to the triage nurse than to the attending. The low-risk stratification score that was documented correctly even if the outcome was high-risk.
Why EM Background Matters for the Screen
Over a decade of making these decisions in real time creates specific knowledge of where the standard of care actually lives in emergency medicine and where attorneys assume it does. Those two locations are often different.
Emergency medicine is the specialty where the gap between outcome and deviation is widest, and where a clinical screen at intake produces the clearest value.
If you have an EM case, send it. caseveritas.com.
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