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Emergency Medicine Malpractice: High-Risk Cases, Standards of Care, and Expert Testimony

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

Program Details

2025-10-31 13:00:00

Program Details

2025-10-31 13:00:00

Over 1,000+ webinars

2025-10-31 13:00:00

Course Overview

Mastering Emergency Medicine Malpractice Litigation

2025-10-31 13:00:00

Participants will learn to identify high-risk emergency medicine scenarios, navigate jurisdictional requirements, and effectively utilize expert witnesses. These skills directly apply to building stronger cases for both plaintiffs and defendants.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Emergency Medicine
Emergency physicians function as generalists mastering the critical golden hour window.
02
Common Pitfalls
Diagnostic delays, misdiagnosis, triage errors, and inadequate informed consent generate most claims.
03
Filing Requirements
Jurisdictions require different affidavits, medical panels, and expert certifications before filing.
04
Expert Witnesses
Standard of care experts must typically match the defendant’s board certification credentials.
05
Documentation
Electronic medical record issues and templated contradictions frequently become litigation targets.
06
Emerging Trends
Fentanyl epidemic, mental health assessments, and artificial intelligence present new litigation issues.

Program schedule

clock 1:00 pm - 1:20 pm EST

Distinctions Between Emergency Medicine and Other Specialties

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 1:20 pm - 1:40 pm EST

Common Pitfalls Leading to ER Malpractice Claims

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 1:40 pm - 2:00 pm EST

Federal and State Laws in Emergency Medicine

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 2:00 pm - 2:10 pm EST

Break

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 2:10 pm - 2:30 pm EST

Qualifying Experts and Framing Emergency Case Testimony

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 2:30 pm - 2:50 pm EST

Expert Witness Role Throughout Case Progression

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
clock 2:50 pm - 3:10 pm EST

Emerging Trends in Emergency Medicine Litigation

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 KaufmanDr. Noah Kaufman
Peter LeGrandPeter LeGrand
Dr. Noah Kaufman

Dr. Noah Kaufman

Keefe Memorial Hospital

Peter LeGrand

Peter LeGrand

Donohue Brown Smyth LLC

Dr. Noah Kaufman

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

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.
Dr. Noah Kaufman

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

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs