Articles Tagged With: EMTALA
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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. -
Many Patients Worry About Hospital Bill During ED Visit
To prevent EMTALA problems, train staff well, giving them carefully drafted scripts to use for patients who insist on discussing insurance coverage before a medical screening exam.
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Copay Collection Cannot Delay Care, or Hospital Risks EMTALA Violation
Registrars should bring up payment or insurance only after a medical screening exam and stabilizing treatment has been provided. This means a patient should not be asked about copays or payment during the exam or while undergoing treatment.
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Analysis: Few EMTALA Violations for Vascular-Related Issues
The most frequent vascular-related violations specifically involved lack of vascular specialist availability. Developing specialist networks and maintaining adequate call coverage can help improve patient access to emergency services.
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Few Hospitals Violating ‘Good Faith’ EMTALA Requirements for Admitted Patients
An ED patient is admitted, but then is transferred almost immediately. This kind of situation can call into question whether the admission was “good faith” or if the hospital was just trying to work around federal EMTALA requirements.
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Discharge of Psychiatric Patients Is Legal Landmine for EDs
If a patient with psychiatric symptoms experiences a poor outcome shortly after discharge from an ED, allegations of inadequate medical screening are possible. Good documentation is the best protection against these allegations.
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Specific Items, if Well-Documented, Prove ED Met EMTALA Obligations
When CMS surveyors come on site to investigate an EMTALA complaint, the outcome often comes down to documentation.
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Analysis: 1 in 6 EMTALA Settlements Involve OB Emergencies
Researchers analyzed 232 Emergency Medical Treatment and Labor Act-related Office of Inspector General settlements that occurred between 2002 and 2018. During the study period, obstetric emergency settlements rose from 17% to 40%.