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Emergency Physicians as Expert Witnesses
Board Certified
Emergency Medicine
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Emergency physicians occupy a unique role in the
health care system. They provide emergency care for those critically
ill and injured while also providing episodic care for a wide
variety of patients with less serious problems. There remains
some controversy regarding the definition of primary care as it
applies to emergency medicine, but most of our practice involves
patients with whom we do not share an ongoing physician-patient
relationship. Emergency department care is delivered to multiple
patients simultaneously. Smaller emergency departments may see
20 patients per day while staffed with a single physician. Larger
emergency departments may be staffed with dozens of physicians
and see over 300 patients per day. The environment can be stressful
and chaotic. Despite these challenges plus frequent understaffing,
critical and life-saving decisions must be made each day. These
decisions must be made with the limited amount of information
which is available at the time. A focused history and physical
exam is performed in conjunction with appropriate but limited
laboratory and radiographic testing. Review of prior medical records,
when available, is crucial. A differential diagnosis is generated
and further refined to a tentative diagnosis and an appropriate
disposition.
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| Given all these variables, the definition of standard
of care as it applies to emergency medicine is a real challenge.
It is simply not possible to reach a correct diagnosis for each
patient. The patient may not be able to give an accurate history
and family may be unavailable. Physical exam skills are important
to gather useful clues. Labs and radiographs must be interpreted
accurately, sometimes without available radiologists, but may
be non-specific or even confusing. The clinical picture often
unfolds one piece at a time much like a puzzle, with the diagnosis
not clear till enough pieces of information have been obtained
and assembled correctly. It is frequently easier the next day
to realize the correct diagnosis with the benefit of time, more
testing, and response to interventions. This is what we call “retrospective”
medicine.
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| The first question which must be answered in determining
malpractice is whether negligence has occurred. This requires a
thorough understanding of the standards of care in emergency medicine
and the realities of emergency department care. Negligence is more
complex than a simple missed diagnosis. One must ask what a reasonable
emergency physician would do given the clinical presentation at
the time of the patient arrival in the emergency department. It
is crucial not to be biased by the subsequent events and additional
information which may become available. Even without a definitive
diagnosis, it is imperative that emergency physicians identify those
patients with a significant likelihood of serious illness leading
to potential morbidity or mortality. These patients simply cannot
be discharged and must be admitted for close observation and further
testing. This rule is best applied to patients with chest pain presenting
to the emergency department as it is very difficult, if not impossible,
to accurately risk stratify these patients upon initial presentation.
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How are standards of care in emergency medicine
determined? These standards of care are determined from multiple
sources and evolve over time as health care and technology changes.
An emergency physician must possess a knowledge base which is
extensive and encompasses a subset of all specialties. One must
be familiar with those aspects of medicine, surgery, obstetrics,
gynecology, and pediatrics which may cause a patient to present
to the emergency department. This is very different from an office-based
practice in that it is unscheduled and unpredictable. Standards
of care do not arise from a single textbook. Although textbooks
are a great source of information, they tend to be collaborative
with hundreds of chapters, each written by a different author
and often years out of date by the time they are printed. Research
is critical in that studying the emergency medicine literature
provides a sense of the current body of knowledge and the future
trends in diagnosis and management. Participation in research
and the writing of scholarly articles and textbooks provides the
physician with expertise in focused areas. In addition, national
or regional meetings and academic societies provide a forum where
controversial issues are discussed and state-of-the-art research
is first presented. This collaborative type of discussion, which
frequently involves speakers outside the specialty of emergency
medicine, contrasts to the simple, factual and didactic information
transfer which occurs from reading a textbook.
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In summary, simply practicing emergency medicine is not enough
to qualify one as an expert witness. A comprehensive knowledge
base is best obtained by completion of a certified residency
training program in emergency medicine. Residency training not
only teaches the body of knowledge which must be mastered but
also provides much more. Medicolegal issues, information systems,
physician-patient communication, and administrative topics provide
a framework to be a successful emergency physician. Practicing
emergency medicine in a large, high volume emergency department
is essential to experience a wide breadth of pathology (especially
pediatrics and trauma) yet remain conscious of the limitations
experienced in smaller departments with less specialty backup.
A commitment to teaching provides a constant reassessment of
the literature and an ongoing discussion of evolving management
strategies. Teaching hospitals provide an important venue where
standards of care are analyzed and criticized on a daily basis
both at the bedside and in the classroom. Case management conferences,
where patient management is discussed retrospectively by a group
of physicians, provide an opportunity to experience different
management options and see the variation in practice styles.
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It may seem obvious but an occasionally overlooked
issue is that emergency physicians must be judged by their peers.
The emergency department is a “fishbowl” where we
provide care and then transfer that care to another physician
who usually knows the patient better than we do. Plaintiff attorneys
will try to belittle the specialty of emergency medicine and claim
that we are not experts in anything but defer to their medicine
and surgical experts. These experts confine their practice to
a limited type of patient and see patients individually in their
offices, not in a chaotic emergency department. Only a qualified
emergency physician can truly determine a deviation from the standard
of care in emergency medicine. It is a unique skill to sort out
a large number of undifferentiated patients presenting to an emergency
department with often perplexing complaints and limited ability
to communicate. Evaluating this care can only be done by someone
who shares the same experiences.
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