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Program Details

2026-01-23 13:00:00

Program Details

2026-01-23 13:00:00

Over 1,000+ webinars

2026-01-23 13:00:00

Course Overview

Mastering Emergency Department Documentation for Litigation

2026-01-23 13:00:00

Participants will learn to analyze emergency department records, identify documentation gaps, and understand EMTALA compliance requirements. These skills enable effective case evaluation and stronger legal arguments in malpractice claims.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Patient Chronology
The ED visit progresses from 911 call through EMS, triage, and nursing to physician evaluation.
02
Claims Patterns
Malpractice risks vary by disposition type including admission, discharge, AMA, and AWOL scenarios.
03
Multiple Truths
Cases require reconciling actual memory, medical records, and custom practice into coherent narratives.
04
EMR Challenges
Electronic records appear dramatically different in clinical settings versus printed legal review formats.
05
Time Documentation
Multiple timestamps exist for actions, creating discrepancies critical in time-sensitive cases.
06
EMTALA Compliance
EMTALA is an anti-discrimination statute with three-phase enforcement and specific documentation requirements.

Program schedule

clock 1:00 pm - 2:00 pm EST

Medical Malpractice Defense and Emergency Room Records: What Attorneys Need to Know

  • Emergency department documentation & litigation risks
    • Chronology of ED visits, physician notes, and records from other providers
    • Issues with communication, EMR use, and pitfalls like text messages or copy-paste practices
  • Accuracy, follow-Up, and liability Exposure
    • Importance of documenting medical decision-making, disposition decisions, AMA discharges, and follow-up on lab/radiology results
    • Case examples highlighting exposure risks and incidental findings
  • Evidence & trends in EMR practices
    • Audit trails, late entries, and attestations as evidence
    • Embedded warnings, evidence-
Mary A. AzzaritoMary A. Azzarito
Kenny SteinKenny Stein
Michelle WilliamsMichelle Williams
Bahati MutisyaBahati Mutisya
clock 2:10 pm - 3:10 pm EST

EMTALA Compliance, CMS Standards, and Hospital Risk Management: The Role of Record-Keeping

  • EMTALA
    • Core requirements
    • Enforcement & penalties
    • Legal insights
  • CMS (CoPs)
    • Regulatory purpose: Minimum safety and quality standards for Medicare/Medicaid participation
    • Key ED-related cops
  • Hospital risk management concerns
    • Administrator goals
    • Risk hotspots
  • Record-keeping & discovery
    • Electronic Medical Records (EMRs)
    • Discovery strategy
  • Practical guidance for physicians and hospitals
Mary A. AzzaritoMary A. Azzarito
Kenny SteinKenny Stein
Michelle WilliamsMichelle Williams
Bahati MutisyaBahati Mutisya
Mary A. Azzarito

Mary A. Azzarito

Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP

Kenny Stein

Kenny Stein

Kenneth A. Stein, MD

Michelle Williams

Michelle Williams

Baker, Donelson, Bearman, Caldwell & Berkowitz

Bahati Mutisya

Bahati Mutisya

Baker, Donelson, Bearman, Caldwell & Berkowitz

Mary A. Azzarito

Mary A. Azzarito

Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP

Mary A. Azzarito is a Partner at Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, one of New England’s premier medical malpractice defense firms, where she has been litigating since 1994. Her practice centers on the defense of medical professionals across a wide range of specialties, including internal medicine, pediatrics, cardiology, interventional cardiology, obstetrics and gynecology, and maternal fetal medicine. Beyond medical malpractice, Mary brings substantial experience in criminal defense, white collar defense, administrative law, general liability, and Hague Convention matters involving the Civil Aspects of International Child Abduction. She has appeared before the Board of Registration in Medicine, the Division of Administrative Law Appeals, the Massachusetts Appeals Court, the Supreme Judicial Court, and the United States Court of Appeals for the First Circuit. Mary became a Partner at Adler Cohen effective February 2023.

Education & Credentials

Mary earned a Bachelor of Science in Political Science, summa cum laude, in 1990, and went on to earn her Juris Doctor. She is admitted to practice in Massachusetts state and federal courts, including the U.S. District Court for the District of Massachusetts (1994) and the U.S. Court of Appeals for the First Circuit (1994), and more recently in the federal court in Vermont.

Recognition & Leadership

In 2021 and 2022, Mary was selected as a Massachusetts "Super Lawyer" by a vote of licensed attorneys and review by an independent blue ribbon panel, a designation awarded to no more than 5% of lawyers in the state and published annually in Boston Magazine and New England Super Lawyers.

Professional Involvement

Mary is a member of Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, a firm that has consistently been awarded Tier 1 recognition in Medical Malpractice Law (defense) and Personal Injury Litigation (defense) by Best Lawyers, as published by U.S. News and World Report, and whose attorneys hold Martindale-Hubbell's highest AV-rating for ability and ethics.

Experience

Mary has focused her practice for more than a decade on representing physicians and other medical professionals in malpractice defense, administrative proceedings, and employment matters including discrimination claims. She has represented clients in Massachusetts state and federal courts as well as the federal court in Vermont, handling matters ranging from complex professional liability trials to Hague Convention child abduction proceedings.
Kenny Stein

Kenny Stein

Kenneth A. Stein, MD

Kenneth A. “Kenny” Stein, MD is a board-certified physician and medical-legal expert serving as an expert witness in emergency medicine, critical care, and internal medicine for both plaintiff and defense in cases involving negligence, causation, and damages. Based in Chesterfield, Missouri, Dr. Stein has practiced Emergency Medicine for 29 years and Critical Care/Intensive Care Medicine for 27 years, and has provided expert witness testimony—at deposition and trial—more than 200 times. He is formerly an Assistant Professor at St. Louis University School of Medicine.

Education & Credentials

Dr. Stein received his medical degree from Vanderbilt University School of Medicine and completed his residency at the University of Kentucky Medical Center and Washington University Jewish Hospital. He holds board certification in Emergency Medicine from the American Board of Physician Specialties (ABPS), board certification in Internal Medicine from the American Board of Internal Medicine (ABIM), and subspecialty certification in Neurocritical Care from the United Council for Neurologic Subspecialties (UCNS). He is also certified in Advanced Trauma Life Support (ATLS) and Advanced Cardiac Life Support (ACLS).

Recognition & Leadership

Dr. Stein's expert witness work spans medical chart review and analysis, EMR/EHR metadata and audit trail review, opinions on standard of care, causation, and damages, preparation of reports and affidavits, and expert witness testimony at deposition and trial. Attorney clients have described his testimony as among the most effective they have encountered in decades of practice.

Professional Involvement

Dr. Stein's professional association memberships include the American Association of Physician Specialties, the Society of Critical Care Medicine, and the American College of Chest Physicians.

Experience

Dr. Stein provides unbiased opinions in medical malpractice and personal injury matters involving emergency medicine, critical care, and internal medicine, including wrongful death cases. His services include medical literature search, preparation for opposing expert deposition and cross-examination, and expert witness testimony. He reviews cases for both plaintiff and defense counsel.
Michelle Williams

Michelle Williams

Baker, Donelson, Bearman, Caldwell & Berkowitz

As former in-house counsel at large academic medical centers, Michelle Williams draws on her industry experience to advise on regulatory and structuring aspects of hospital mergers, acquisitions, and integrations. She has a reputation for smoothly obtaining attorney general and federal approvals for complex transactions, and she also advises on EMTALA, QIO hearings, medical staff issues, corporate governance and hospital authorities and districts.

Ms. Williams focuses her practice on the regulatory and structuring aspects of hospital mergers, acquisitions, and integrations. Her experience includes obtaining attorney general and federal approvals for complex transactions and/or conversion from nonprofit to for-profit status, and issues of successor liability. She also advises on corporate governance and Medical Staff governance in connection with changes of control or ownership. She represents clients undergoing CMS, EMTALA and state surveys,

Medicare terminations and regulatory review, and advises on hospital authority law, voluntary disclosures, corporate integrity agreements and qui tam defense.

Since 2012, Michelle has been recognized by The Best Lawyers in America® in Health Care Law. Chambers USA has listed Michelle as a leading health care lawyer since 2008.

Prior to joining Baker Donelson, Michelle was a commissioner on the Advisory Committee on Childhood Vaccines, advising the U.S. Secretary of Health & Human Services on the National Vaccine Injury Compensation Fund. She was a former in-house counsel at University Hospitals of Cleveland and the former Mount Sinai Hospital, and has been on-loan in-house counsel to general academic medical centers.

Bahati Mutisya

Bahati Mutisya

Baker, Donelson, Bearman, Caldwell & Berkowitz

Bahati Mutisya has experience with Medicaid and Medicare regulations and audits, including defending clients who have received recoupment and termination notices from those programs. She represents providers before managed care organizations and the North Carolina Office of Administrative Hearings on issues related to licensure, pre-payment review, and post-payment review. In addition, Bahati advises psychiatric hospitals on compliance with state and federal rules related to caring for the mentally ill and guardianship and represents hospitals in involuntary commitment hearings in district court. She also provides guidance to providers regarding compliance with various health care laws including HIPAA, 42 CFR Part 2, EMTALA, and the federal False Claims Act.

Bahati is an adjunct professor teaching health care compliance in the Master of Studies in Law program at Wake Forest University School of Law. Her course covers health care compliance topics and laws, progressing from the basics of a compliance program to specific issues facing the health care industry.

Outside of health care, Bahati has counseled private businesses and local governments in regulatory issues and civil litigation. She has significant experience representing clients before governing bodies and elected officials. Bahati has also assisted municipalities with land use regulation, advised real estate developers on compliance with local zoning laws, and defended developers in real property litigation.

Bahati clerked for The Honorable Anna Blackburne-Rigsby, who is currently the Chief Judge of the District of Columbia Court of Appeals. She also served as a law clerk at the U.S. Department of Justice (DOJ), Executive Office for Immigration Review, and as a law clerk at the DOJ, Civil Division, Office of Immigration Litigation. Prior to attending law school, Bahati taught calculus supplemental instruction sessions for freshman calculus students at Carnegie Mellon University in Doha, Qatar.

Mary A. Azzarito

Mary A. Azzarito

Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP

Mary A. Azzarito is a Partner at Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, one of New England’s premier medical malpractice defense firms, where she has been litigating since 1994. Her practice centers on the defense of medical professionals across a wide range of specialties, including internal medicine, pediatrics, cardiology, interventional cardiology, obstetrics and gynecology, and maternal fetal medicine. Beyond medical malpractice, Mary brings substantial experience in criminal defense, white collar defense, administrative law, general liability, and Hague Convention matters involving the Civil Aspects of International Child Abduction. She has appeared before the Board of Registration in Medicine, the Division of Administrative Law Appeals, the Massachusetts Appeals Court, the Supreme Judicial Court, and the United States Court of Appeals for the First Circuit. Mary became a Partner at Adler Cohen effective February 2023.

Education & Credentials

Mary earned a Bachelor of Science in Political Science, summa cum laude, in 1990, and went on to earn her Juris Doctor. She is admitted to practice in Massachusetts state and federal courts, including the U.S. District Court for the District of Massachusetts (1994) and the U.S. Court of Appeals for the First Circuit (1994), and more recently in the federal court in Vermont.

Recognition & Leadership

In 2021 and 2022, Mary was selected as a Massachusetts "Super Lawyer" by a vote of licensed attorneys and review by an independent blue ribbon panel, a designation awarded to no more than 5% of lawyers in the state and published annually in Boston Magazine and New England Super Lawyers.

Professional Involvement

Mary is a member of Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, a firm that has consistently been awarded Tier 1 recognition in Medical Malpractice Law (defense) and Personal Injury Litigation (defense) by Best Lawyers, as published by U.S. News and World Report, and whose attorneys hold Martindale-Hubbell's highest AV-rating for ability and ethics.

Experience

Mary has focused her practice for more than a decade on representing physicians and other medical professionals in malpractice defense, administrative proceedings, and employment matters including discrimination claims. She has represented clients in Massachusetts state and federal courts as well as the federal court in Vermont, handling matters ranging from complex professional liability trials to Hague Convention child abduction proceedings.
Kenny Stein

Kenny Stein

Kenneth A. Stein, MD

Kenneth A. “Kenny” Stein, MD is a board-certified physician and medical-legal expert serving as an expert witness in emergency medicine, critical care, and internal medicine for both plaintiff and defense in cases involving negligence, causation, and damages. Based in Chesterfield, Missouri, Dr. Stein has practiced Emergency Medicine for 29 years and Critical Care/Intensive Care Medicine for 27 years, and has provided expert witness testimony—at deposition and trial—more than 200 times. He is formerly an Assistant Professor at St. Louis University School of Medicine.

Education & Credentials

Dr. Stein received his medical degree from Vanderbilt University School of Medicine and completed his residency at the University of Kentucky Medical Center and Washington University Jewish Hospital. He holds board certification in Emergency Medicine from the American Board of Physician Specialties (ABPS), board certification in Internal Medicine from the American Board of Internal Medicine (ABIM), and subspecialty certification in Neurocritical Care from the United Council for Neurologic Subspecialties (UCNS). He is also certified in Advanced Trauma Life Support (ATLS) and Advanced Cardiac Life Support (ACLS).

Recognition & Leadership

Dr. Stein's expert witness work spans medical chart review and analysis, EMR/EHR metadata and audit trail review, opinions on standard of care, causation, and damages, preparation of reports and affidavits, and expert witness testimony at deposition and trial. Attorney clients have described his testimony as among the most effective they have encountered in decades of practice.

Professional Involvement

Dr. Stein's professional association memberships include the American Association of Physician Specialties, the Society of Critical Care Medicine, and the American College of Chest Physicians.

Experience

Dr. Stein provides unbiased opinions in medical malpractice and personal injury matters involving emergency medicine, critical care, and internal medicine, including wrongful death cases. His services include medical literature search, preparation for opposing expert deposition and cross-examination, and expert witness testimony. He reviews cases for both plaintiff and defense counsel.
Michelle Williams

Michelle Williams

Baker, Donelson, Bearman, Caldwell & Berkowitz

As former in-house counsel at large academic medical centers, Michelle Williams draws on her industry experience to advise on regulatory and structuring aspects of hospital mergers, acquisitions, and integrations. She has a reputation for smoothly obtaining attorney general and federal approvals for complex transactions, and she also advises on EMTALA, QIO hearings, medical staff issues, corporate governance and hospital authorities and districts.

Ms. Williams focuses her practice on the regulatory and structuring aspects of hospital mergers, acquisitions, and integrations. Her experience includes obtaining attorney general and federal approvals for complex transactions and/or conversion from nonprofit to for-profit status, and issues of successor liability. She also advises on corporate governance and Medical Staff governance in connection with changes of control or ownership. She represents clients undergoing CMS, EMTALA and state surveys,

Medicare terminations and regulatory review, and advises on hospital authority law, voluntary disclosures, corporate integrity agreements and qui tam defense.

Since 2012, Michelle has been recognized by The Best Lawyers in America® in Health Care Law. Chambers USA has listed Michelle as a leading health care lawyer since 2008.

Prior to joining Baker Donelson, Michelle was a commissioner on the Advisory Committee on Childhood Vaccines, advising the U.S. Secretary of Health & Human Services on the National Vaccine Injury Compensation Fund. She was a former in-house counsel at University Hospitals of Cleveland and the former Mount Sinai Hospital, and has been on-loan in-house counsel to general academic medical centers.

Bahati Mutisya

Bahati Mutisya

Baker, Donelson, Bearman, Caldwell & Berkowitz

Bahati Mutisya has experience with Medicaid and Medicare regulations and audits, including defending clients who have received recoupment and termination notices from those programs. She represents providers before managed care organizations and the North Carolina Office of Administrative Hearings on issues related to licensure, pre-payment review, and post-payment review. In addition, Bahati advises psychiatric hospitals on compliance with state and federal rules related to caring for the mentally ill and guardianship and represents hospitals in involuntary commitment hearings in district court. She also provides guidance to providers regarding compliance with various health care laws including HIPAA, 42 CFR Part 2, EMTALA, and the federal False Claims Act.

Bahati is an adjunct professor teaching health care compliance in the Master of Studies in Law program at Wake Forest University School of Law. Her course covers health care compliance topics and laws, progressing from the basics of a compliance program to specific issues facing the health care industry.

Outside of health care, Bahati has counseled private businesses and local governments in regulatory issues and civil litigation. She has significant experience representing clients before governing bodies and elected officials. Bahati has also assisted municipalities with land use regulation, advised real estate developers on compliance with local zoning laws, and defended developers in real property litigation.

Bahati clerked for The Honorable Anna Blackburne-Rigsby, who is currently the Chief Judge of the District of Columbia Court of Appeals. She also served as a law clerk at the U.S. Department of Justice (DOJ), Executive Office for Immigration Review, and as a law clerk at the DOJ, Civil Division, Office of Immigration Litigation. Prior to attending law school, Bahati taught calculus supplemental instruction sessions for freshman calculus students at Carnegie Mellon University in Doha, Qatar.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.5
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
NJ2.4
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

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
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
Approved
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
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
Pending

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