Articles Tagged With: EMTALA
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LWBS Patients Pose Risks for EDs Under EMTALA
Solid documentation is the best weapon against accusations a clinician violated the Emergency Medical Treatment and Labor Act and a patient who left the ED without being seen who files a malpractice lawsuit.
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EMTALA Concerns if Patient Harm Is Linked to Staffing Shortage
It is important for administrators to understand an individual emergency physician or facility can be held liable under EMTALA, even if no one is hurt.
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Hospital EDs May See Legal Issues After Abortion Ruling
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, sending the issue of abortion rights back to the states, could lead to difficult legal situations for some EDs. Risk managers should consider their state laws and plan for potential issues. One of the first issues to consider is how laws restricting abortion intersect 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.