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Protecting Yourself From Liability:
The Importance Of Discharge Instructions

As emergency physicians, the riskiest action we take with patients who present to the emergency department is to discharge them. Those patients admitted or transferred have become someone else's problem; those we send home remain our responsibility. Providing appropriate discharge instructions is the most important action we can take to protect ourselves from liability and offer continuing patient care. This is also our only opportunity to place any risk with the patient; juries respect signed, well-written discharge instructions. More than 50% of all emergency medicine lawsuits are related to discharges and many cases are thrown out when the instructions are appropriate. Discharge instructions should contain several elements:

  • Be time specific - exactly when to follow up with PCP/specialist or return to ED (especially if not improving in a set time frame).

  • Be action specific - who to see, where to go, how to care for self (splints, ice, taking meds, etc.), reasons to return to ED (worsening of condition, CP, SOB, bleeding, not feeding well, etc.).
  • Provide re-entry into system - let patients know it's ok to return to ED and why to do so, when to activate EMS.
  • Be easy to understand - no "medicalease" or abbreviations, 4th grade reading level, lay terms, legible.

Patients often do not pay attention or do not comprehend instructions. It is wise for the physician to go over these discharge instructions personally with the patient. When patients ask questions, it means they trust you, so take that opportunity to solidify the relationship. It is also a good idea to have family members present for discharge and to document their presence.

It has been said that the most common piece of litter outside the Emergency Department is the patient's copy of discharge instructions. That statement shows how critical it is to use this tool to protect patients, who are often not interested in protection, and to protect the hospital and ED staff.

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