Episode Details

Welcome back to the Legal Nurse Podcast! In this insightful episode, Pat Iyer sits down with Dr. Kenny Stein, a seasoned emergency department physician and expert witness, to unravel the complexities and high-pressure realities of emergency medicine as they intersect with legal liability. With over 27 years of clinical experience and two decades serving as an expert witness, Dr. Kenny Stein brings a wealth of knowledge about how patient care in the emergency department can become the focal point of litigation. During their conversation, Pat Iyer and Dr. Kenny Stein discuss the nuts and bolts of what makes a medical malpractice case viable, examining the four essential elements every plaintiff’s attorney must prove: duty, breach of standard of care, damages, and causation. They go behind the scenes of the emergency department, discussing how communication breakdowns, especially during patient handoffs, can trigger errors and create fertile ground for lawsuits. You’ll hear powerful anecdotes pulled straight from Dr. Stein’s experience, including unusual medical scenarios and cautionary tales where missed results and documentation pitfalls spelled trouble. This episode also explores evolving trends in emergency medicine, from the impact of electronic health records and templated notes to the emergence of AI in radiology. What happens when patients bounce back to the ER after discharge? Who is responsible for critical follow-up and test results once a patient leaves? And how does the language of documentation shift under the microscope of litigation? Tune in to get actionable insights for legal nurse consultants, attorneys, and anyone fascinated by the intersection of clinical care and the law. What You’ll Learn in This Episode is Unpacking Medical Negligence: What Every Legal Nurse Should Know About ER Cases Here are 5 discussion questions answered by Pat Iyer and Kenny Stein in the podcast: What are the four main elements a plaintiff attorney must prove to make a medical negligence case viable, and why is each element important? How do the concepts of "standard of care" and "gold standard" differ in a legal context, according to Kenny Stein? Discuss how the process of handoff in the emergency department can lead to critical gaps in communication. What are some ways to mitigate these risks? Why can delayed test results after a patient has left the emergency department result in liability issues, and what systems are in place to prevent these situations? What are “bounce backs” in the emergency department, and how should clinicians approach a patient who returns soon after being discharged? Listen to our podcasts or watch them using our app, Expert.edu, available at legalnursebusiness.com/expertedu. Get the free transcripts and also learn about other ways to subscribe. Go to Legal Nurse Podcasts subscribe options by using this short link: http://LNC.tips/subscribepodcast. Grow Your LNC Business 13th LNC SUCCESS® ONLINE CONFERENCE April 23, 24, and 25, 2026 Skills, Strategy, Results Gain deposition mastery, marketing confidence, and clinical–legal insight from industry leaders you can apply to your next case and client call. Build a Practice Attorneys Remember Learn exactly how to showcase expertise, attract referrals, and turn complex medical records into clear, defensible stories that win trust. Learn From the Best—Then Ask Them Anything Get step-by-step training, live “hot seat” solutions, and exclusive VIP Q&A time with Pat Iyer to accelerate your LNC growth. Register now- Limited spots available https://youtu.be/76VIdtPYUuc Your Presenters for Unpacking Medical Negligence: What Every Legal Nurse Should Know About ER Cases Pat Iyer Pat Iyer is a seasoned legal nurse consultant and business coach, renowned for her expertise in guiding new legal nurse consultants to successfully break into the field. As the host of the Legal Nurse Podcast, Pat addresses critical challenges that legal nurse consultants face, such as difficulty in