Malpractice Litigation and ER Documentation: Spotting Claims, Identifying Exposure, Assessing Liability

Brittany Hudson
Kenny Stein
Sara Bazzigaluppi
Brittany Hudson | La Cava Jacobson & Goodis, PA
Kenny Stein | Kenneth A. Stein, MD
Sara Bazzigaluppi | Chapman Law Group

Live Video-Broadcast: November 14, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Medical Malpractice Defense and Emergency Room Records: What Attorneys Need to Know - Kenny Stein and Brittany Hudson

This session presented by Kenneth Stein, MD, and Brittany Hudson, Esq., will provide attorneys with a comprehensive synopsis of the critical role Emergency Department (ED) documentation plays in medical malpractice litigation. The session will begin with a review of the chronology of an ED visit and the anatomy of physician documentation, while also highlighting records created by other providers. Faculty will examine how communication and miscommunication within the ED and electronic medical record (EMR) can impact care, as well as explore other sources of electronically stored information, including the growing trend of text messages and related litigation pitfalls.

The session will address the accuracy of templates, dot phrases, copy-and-paste practices, and discuss how medical decision-making, patient disposition (admit, discharge, transfer, referral), and AMA considerations must be documented with clarity and precision. Special attention will be given to radiology and lab results that return after the patient has left, including the importance of follow-up, case examples of exposure risks, and incidental findings. Presenters will emphasize the importance of documenting the provider’s thought process, identifying who knew what and when, and reviewing audit trails as evidence. Trends in contemporaneous documentation, late entries, and late attestations will also be analyzed, along with the implications of embedded warnings and evidence-based medicine recommendations within the EMR. Through real-world examples and practical insights, this session will equip attorneys with the knowledge needed to evaluate ED records effectively in the context of malpractice defense.

Key topics to be discussed:

  • Emergency department documentation & litigation risks
  • Accuracy, follow-up, and liability exposure
  • Evidence & trends in EMR practices

Session II – EMTALA Compliance, CMS Standards, and Hospital Risk Management: The Role of Record-Keeping - Sara Bazzigaluppi

The Emergency Medical Treatment and Labor Act (EMTALA) and CMS Conditions of Participation (CoPs) create dual legal obligations to screen and stabilize patients and to maintain structural readiness and quality systems. These are two examples why accurate, contemporaneous record-keeping is the best shield you and your employer have against regulatory penalties and malpractice exposure.

Chapman Law Group Senior Attorney Sara Bazzigaluppi will provide a regulatory and litigation roadmap showing how federal statutes and hospital compliance obligations drive emergency department documentation and risk management, so you’ll be better prepared to address regulatory requirements.

Key topics to be discussed:

  • EMTALA
  • CMS (CoPs)
  • Hospital risk management concerns
  • Record-keeping & discovery
  • Practical guidance for physicians and hospitals

This course is co-sponsored with myLawCLE.

Date / Time: November 14, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Brittany Hudson | La Cava Jacobson & Goodis, PA

Brittany G. Hudson received her undergraduate degree from the University of South Florida in 2015 and her law degree from Stetson College of Law in 2019. While at Stetson, Brittany was a member of the Trial Team and competed at the National Trial Competition in Tuscaloosa, Alabama, and was also an Honor Roll recipient. Additionally, Brittany served as a research assistant to Professor Teresa Radwan, pro-bono chair of the Florida Association of Women Lawyers at Stetson and served on the council for the National Women’s Law Student Organization. During her law school summers, Brittany was a judicial intern for the 13th Judicial Circuit, served as a Guardian Ad Litem for Hillsborough and Pinellas County, and clerked at Goodis Thompson & Miller. Brittany has officially joined the team at La Cava Jacobson & Goodis, concentrating on her practice on medical malpractice defense.

 

Kenny Stein | Kenneth A. Stein, MD

Kenneth A. Stein, MD, is board-certified in both Emergency Medicine and Internal Medicine and specialty-certified in Neurocritical Care. Dr. Stein has practiced Emergency Medicine and Critical Care Medicine for 27 years.

As an expert witness for both plaintiff and defense, Dr Stein has reviewed over 700 cases and has testified 300 times in cases related to emergency medicine, critical care, internal medicine, and personal injury. Dr Stein clearly explains completed medical situations, so they are understood by judges and juries.

 

Sara Bazzigaluppi | Chapman Law Group

Sara Bazzigaluppi is Chairperson of the Florida Professional Licensing and Regulatory Affairs division at Chapman Law Group. Based in the firm’s Sarasota office, she has represented healthcare professionals and regulated healthcare businesses for more than 10 years across the country in complex licensure, regulatory, and compliance matters.

Sara advocates for a wide range of healthcare professionals including individual providers such as physicians, pharmacists, nurses, and mental health practitioners, and business entities, including pain management clinics, dental offices, optometry practices, laboratories, urgent care clinics and more. She is widely regarded for her work in defending clients against investigations, administrative complaints, and emergency suspensions, before the Florida Department of Health (FLDOH), and matters involving the Agency for Health Care Administration (AHCA), Office of Inspector General (OIG), and the National Practitioner Data Bank (NPDB).

Her practice also includes credentialing and peer review disputes, licensure applications involving criminal or disciplinary history, and disciplinary actions brought by national certification boards. In addition, she provides contract and compliance guidance on employment agreements, business associate agreements, provider and supervisor agreements, and frequently intervenes in pre-litigation settlement negotiations.

In addition to her practice, Sara has led multiple educational seminars for attorneys and healthcare professionals, providing practical guidance on risk management, regulatory oversight, and compliance strategies tailored to the healthcare sector. This includes presentations before the Florida Bar Health Care Law Division, the Florida Medical Association and the Home Care Association of Florida.

Prior to joining Chapman Law Group, Sara clerked for a large hospital system where she worked closely with General Counsel and Risk Management to address legal issues. She drafted ethics policies and procedures for more than 20 hospitals within the healthcare system.

Agenda

Session I – Medical Malpractice Defense and Emergency Room Records: What Attorneys Need to Know | 1:00pm – 2:00pm

  • 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-based recommendations, and how to evaluate ED records for malpractice defense

Break | 2:00pm – 2:10pm

Session II – EMTALA Compliance, CMS Standards, and Hospital Risk Management: The Role of Record-Keeping | 2:10pm – 3:10pm

  • 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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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