Articles Tagged With: EMTALA
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Repercussions of State Abortion Bans
The Supreme Court’s decision to overturn Roe v. Wade changes nearly everything for physicians who provide abortion care, especially for those in states that have banned the procedure. Reproductive health providers in abortion-ban states may face criminal charges if they perform an abortion — even when the pregnant patient’s life and health are at risk.
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EMTALA Implications if ED Patient Needs Medically Necessary Abortion
It is a mistake for ED providers to be solely focused on what their state abortion law says, without also considering the bigger picture in terms of other legal risks and ethical obligations.
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Who Is Legally Responsible for Patients in ED Waiting Room?
Addressing misconceptions about EMTALA and liability exposure for patients in ED waiting rooms.
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EMTALA Misconceptions for ED Patients in Observation Status
Once an ED patient is in observation status, providers might assume their EMTALA obligations are over. This is not the case. Observation is an outpatient status, even if exactly the same care is provided as inpatient status. As such, observation is merely an extension of ED care.
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Many Patients Worried Health Plan Will Not Cover ED Visit
Patients, not staff, should initiate discussions regarding payment for services. Train staff to carefully document discussions with patients regarding billing or payment questions. Ensure staff members understand patients are never implicitly discouraged from seeking emergency care in the ED.
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ED Visits for Alcohol and Substance Use Disorders Surging Nationally
Presentations often are bundled with a host of comorbid conditions and chronic or acute traumatic events. Providers should suspect and expect an underlying potentially serious coexisting medical complication in each patient encountered until proven otherwise.
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No Reassessment of Patients in Waiting Room or Hallway Is Malpractice Risk
CMS has been clear: EMTALA applies no matter where a patient comes to the hospital, as well as no matter where the patient is seen. That includes the ED waiting room and hallways. Boarding in the hallway should include periodic checking in with the patient to be sure there has not been a significant adverse change that requires the patient to be moved to a higher level clinical setting.
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EMTALA Violations, Malpractice Claims Possible if ED Goes on Diversion Inappropriately
Diversion procedures should include community-based policies, created in agreement with EMS and other area hospitals, so everyone is handling the issue similarly. Create a formal activation procedure that specifies who must order diversion, acceptable reasons for diversion, how it is handled, and how the diversion is communicated to fire/EMS/police dispatch and other facilities.
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No Liability for Hospital Under Emergency Medical Treatment and Labor Act
This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment. -
Analysis: Few EMTALA Violations for Vascular-Related Issues
Few EMTALA violations involve vascular-related issues, according to the authors of a recent analysis. Of 7,001 patients with an EMTALA violation from 2011 to 2018, only 1.4% were vascular-related. Cases included cerebrovascular, ruptured aortic aneurisms, aortic dissections, vascular trauma, peripheral arterial disease, venous thromboembolism, dialysis access, and bowel ischemia.