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Ethics & Legal


Your work as an emergency physician is affected by countless ethical and legal considerations. These can be difficult to navigate and take their toll on your practice and well-being. ACEP continues to work on providing resources to help you navigate complex and, at times, stressful challenges in these areas.

Litigation

Litigation Stress Resources
June 2015
Expert Witness Reaffirmation - 6-15
December 2015
Summary of Malpractice Claim Data & Trends from Three Sources
November 2013
So, You Have Been Sued
July 2019

Risk Management and Liability

Medical Professional Liability Insurance
July 2007
Safe Harbors: A Port in the Storm of Malpractice?
November 2015
Clinical Policies and Their Role in Risk Management and Liability
July 2015
A Risk Management Program for Emergency Medicine; basic components and considerations
March 2013
Top 10 Principles on How to Avoid Getting Sued in Emergency Medicine
August 2019

Standard of Care Review

ACEP members can request a review of questionable expert witness testimony regarding emergency medicine’s standards of care. Any member may request a review of egregious testimony. This may include a case you were involved in or one that you are aware of and can obtain the required documents.

Standard of Care Review - Cases

 

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Standard of Care Review Procedures

 

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Other Legal Issues

EMTALA
Indemnification Clauses in EM Contracts
May 2016
Negligence
November 2015
Sham Peer Review
October 2011
Advanced Practice Providers (Physician Assistant and Nurse Practitioner) Medical-Legal Issues
April 2017
An MLC Field Guide to Challenges and Opportunities in Medical Imaging
April 2017
The Poisoned Well - A Missing Aspect to the Defensive Medicine Debate and Its Impact on Medical Trainees.pdf
March 2019

Ethics

A Legal and Ethical Analysis Advocating for the Inclusion of Methadone in State Prescription Drug Monitoring Programs
June 2022
After the Medical Screening Exam: Non-Emergent Care and the Ethics of Access in the Emergency Department
Artificial Intelligence in Emergency Medicine - Benefits, Risks, and Recommendations
November 2022
Business-Centric Healthcare's Effects on the Dr-Patient Relationship in the Emergency Department
September 2023
Casting an Ethics Lens on Quality Info Paper.pdf
October 2020
Code of Ethics for Emergency Physicians
October 2023
Emergency Medicine in the #MeToo Era
March 2021
Empiric and Descriptive Analysis of ACEP Changes of Ethical Violations and Other Misconduct
July 2018
Equity in Crisis Care Situations
September 2023
Ethical Issues in Access to and Delivery of Emergency Department Care in an Era of Changing Reimbursement and Novel Payment Models.pdf
September 2020
Ethical Issues in Access to Emergency Care for Undocumented Immigrants
August 2021
Ethical Issues in Emergency Department Practices to Obtain Patient Payment During Episodes of Care
March 2019
From Hippocrates to HIPAA: Privacy and Confidentiality in Emergency Medicine Part I: Conceptual, Moral, and Legal Foundations
July 2007
From Hippocrates to HIPAA: Privacy and Confidentiality in Emergency Medicine Part II: Challenges in the Emergency Department
July 2007
Implicit Bias and Cultural Sensitivity - Effects on Clinical and Practice Management.pdf
July 2019
Increasing Solid Organ Donation - A Role for Emergency Physicians
March 2023
Information and Resources Addressing Falsification of Data in Research.pdf
December 2019
Procedures for Addressing Charges of Ethical Violations & Other Misconduct, 2020.pdf
November 2020
Teaching Procedures Using the Newly Dead
The Ethics of Health Care Reform: Issues in Emergency Medicine
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