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2025-10-31 13:00:00

2 Credits

Emergency medicine malpractice essentials: high-risk cases, standard of care analysis, EMTALA considerations, and effective expert witness strategies for litigation.

2025-10-31 13:00:00

Emergency medicine malpractice essentials: high-risk cases, standard of care analysis, EMTALA considerations, and effective expert witness strategies for litigation.

2025-10-31 13:00:00

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1000+

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how emergency medicine differs from other specialties, common malpractice pitfalls, federal and state legal considerations, and strategies for working with expert witnesses.

What will you gain

Attorneys will gain practical guidance for handling complex emergency medicine malpractice cases from both plaintiff and defense perspectives throughout the litigation process.

Emergency Medicine
Emergency physicians function as generalists mastering the critical golden hour window.
Common Pitfalls
Diagnostic delays, misdiagnosis, triage errors, and inadequate informed consent generate most claims.
Filing Requirements
Jurisdictions require different affidavits, medical panels, and expert certifications before filing.
Expert Witnesses
Standard of care experts must typically match the defendant’s board certification credentials.
Documentation
Electronic medical record issues and templated contradictions frequently become litigation targets.
Emerging Trends
Fentanyl epidemic, mental health assessments, and artificial intelligence present new litigation issues.

What will you learn

Attorneys will learn how emergency medicine differs from other specialties, common malpractice pitfalls, federal and state legal considerations, and strategies for working with expert witnesses.

What will you gain

Attorneys will gain practical guidance for handling complex emergency medicine malpractice cases from both plaintiff and defense perspectives throughout the litigation process.

Agenda

Session 1

Distinctions Between Emergency Medicine and Other Specialties

Session 2

Common Pitfalls Leading to ER Malpractice Claims

Session 3

Federal and State Laws in Emergency Medicine

Session 4

Break

Session 5

Qualifying Experts and Framing Emergency Case Testimony

Session 6

Expert Witness Role Throughout Case Progression

Session 7

Emerging Trends in Emergency Medicine Litigation

clock 1:00 pm - 1:20 pm EST

Distinctions Between Emergency Medicine and Other Specialties

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This session explores the unique nature of emergency medicine as healthcare’s safety net, operating 24/7 to treat all patients regardless of ability to pay. Participants will learn how emergency physicians function as generalists mastering the critical ‘golden hour’ and fulfill administrative roles including EMS direction and policy creation.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 1:20 pm - 1:40 pm EST

Common Pitfalls Leading to ER Malpractice Claims

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This session examines the four primary categories generating most emergency medicine claims: diagnostic delays, misdiagnosis, triage errors, and inadequate informed consent. Attendees will analyze fact patterns involving sepsis, cardiac events, and triage failures while learning to distinguish between standard of care experts and causation experts.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 1:40 pm - 2:00 pm EST

Federal and State Laws in Emergency Medicine

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This session covers critical legal frameworks including EMTALA requirements for patient transfers and medical screening examinations. Participants will explore jurisdiction-specific considerations such as COVID-related immunity, medical panel requirements, sudden emergency doctrine, damages caps, and statute of limitations exceptions.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:00 pm - 2:10 pm EST

Break

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

A brief intermission allowing participants to refresh before continuing with expert testimony topics. Use this time to review materials and prepare questions for the remaining sessions.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:10 pm - 2:30 pm EST

Qualifying Experts and Framing Emergency Case Testimony

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This comprehensive session addresses expert vetting, credential matching requirements, and understanding the standard of care as prospective reasonableness. Topics include high-risk scenarios like cardiac events and sepsis, documentation issues, clinical guidelines versus hospital policies, institutional liability theories, and causation defense strategies.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:30 pm - 2:50 pm EST

Expert Witness Role Throughout Case Progression

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This session details how experts assist during written discovery, including crafting interrogatories and reviewing medical records as cases develop. Participants will learn best practices for disclosing expert opinions, preparing experts for deposition and trial, and maximizing expert effectiveness in convincing juries.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:50 pm - 3:10 pm EST

Emerging Trends in Emergency Medicine Litigation

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

This forward-looking session examines rising litigation areas including the fentanyl epidemic, mental health assessments, and HIPAA consent issues in emergency settings. Attendees will explore the implications of artificial intelligence in emergency medicine and what attorneys should be monitoring in this evolving landscape.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

01 07
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Donohue Brown Smyth LLC

Dr. Noah Kaufman

Keefe Memorial Hospital

Board-certified emergency physician with over two decades of clinical experience and more than 10 years serving as a medical-legal expert witness. He has reviewed hundreds of cases for both plaintiffs and defendants, with testimony spanning depositions, hearings, and trial.

Recognition & Leadership

Featured on NBC as a medical expert, frequent podcast guest, author of the soon to be released 'The Ethical Expert Witness - A guide for Attorneys and Physicians'.

Professional Involvement

Frequently lectures on standard of care, clinical judgment under uncertainty, and the ethical role of physicians in litigation.

Experience

Over two decades of clinical experience, more than 10 years as medical-legal expert witness, reviewed hundreds of cases for both plaintiffs and defendants with testimony spanning depositions, hearings, and trial.

Dr. Noah Kaufman

Keefe Memorial Hospital

Board-certified emergency physician with over two decades of clinical experience and more than 10 years serving as a medical-legal expert witness. He has reviewed hundreds of cases for both plaintiffs and defendants, with testimony spanning depositions, hearings, and trial.

Recognition & Leadership

Featured on NBC as a medical expert, frequent podcast guest, author of the soon to be released 'The Ethical Expert Witness - A guide for Attorneys and Physicians'.

Professional Involvement

Frequently lectures on standard of care, clinical judgment under uncertainty, and the ethical role of physicians in litigation.

Experience

Over two decades of clinical experience, more than 10 years as medical-legal expert witness, reviewed hundreds of cases for both plaintiffs and defendants with testimony spanning depositions, hearings, and trial.

Peter LeGrand

Donohue Brown Smyth LLC

Attorney whose practice is concentrated on professional liability litigation, particularly in defending healthcare professionals. He primarily practices in Illinois but has participated in healthcare professional liability litigation around the country.

Education & Credentials

Graduated magna cum laude from the University of Illinois College of Law in 2018. Graduated magna cum laude from the University of Missouri in 2014.

Recognition & Leadership

Article 'The Potential Unconstitutionality of the Consumer Financial Protection Board and its Ramifications for the Elderly' was published in the Elder Law Journal.

Experience

Has tried multiple jury trials to verdict, including in the service of emergency medicine professionals. Has appeared and participated in healthcare professional liability litigation around the country.

Plans

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Price varies based
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Ability to Ask Questions During
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Understanding emergency medicine malpractice litigation is essential for legal practitioners because it equips them to navigate the unique clinical, procedural, and evidentiary complexities that distinguish these high-stakes cases from other medical malpractice claims.
75%
Of emergency physicians will be named in a malpractice suit during their career.
7.4M
Patients are misdiagnosed in U.S. emergency departments annually, representing 5.7% of all ED visits.
58%
Of emergency medicine malpractice claims are diagnosis-related, making it the most common allegation category.
66%
Of emergency department malpractice claims were dropped, withdrawn, or dismissed between 2001-2015.

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