The emergency department is one of the highest risk areas of the hospital. Emergency department care may be an issue in a personal injury, medical malpractice or any case in which the patient required emergency services. Legal nurse consultants and attorneys need to understand how the emergency department functions. There are several aspects of emergency department care that make it high risk for errors - the unpredictable flow of patients, the constant pressure to quickly assess and treat patients, the lack of a previous relationship with the patient, and the huge variety in conditions and ages of patients. Legal nurse consultants and attorneys may encounter plaintiffs who are dissatisfied with emergency department care. The public is increasingly aware of emergency department quality of care issues. Demand for emergency department services is increasing. This text explores the roles and responsibilities of the emergency department related to triaging, assessing, diagnosing and treating emergency department patients. It highlights emergency department liability issues and provides vital content to help attorneys and legal nurse consultants analyze an emergency department medical malpractice claim.