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Risk management issues and ethical dilemmas

2003, Clinical Pediatric Emergency Medicine

Abstract

EDIATRIC EMERGENCY medicine is a high risk specialty. Surveys of the American Academy of Pediatrics membership have shown that one third of pediatricians have been named in a malpractice suit, and many of those cases involved acutely ill or injured children. 1 Although all physicians have significant legal liability, medical malpractice cases involve the emergency department (ED) in a disproportionate number of cases. In one study of 262 pediatric cases alleging malpractice, the ED accounted for 45% of hospital-related cases. 2 Physicians are involved in 88% of ED claims, and nurses account for 7% as the principle participants. 3 Pre-hospital care providers are less likely to be sued for malpractice; however, they are not invulnerable. Most lawsuits against physicians are dropped or settled out of court. 4 Only about 10% actually reach a jury verdict. However, the strain of a lawsuit is still quite burdensome for all involved. It can result in significant emotional stress as well as a loss of time and money. Even if the case does not go to trial, it can still prove quite expensive. Malpractice suits may be an unpleasant and undeniable part of emergency medicine. However, they are not inevitable. Like other pediatric diseases and childhood injuries, some malpractice suits are predictable and preventable. If we begin to understand the etiology, epidemiology, and pathology of malpractice suits, we can take steps to avert them. 5