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Emtala Case Summary

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The question in the case of Joan Grant is whether this an Emergency Medical Treatment and Active Labor Act (EMTALA) violation. The presumption is that Community Hospital and for profit is Medicare participating hospital and receiving funds from CMS and therefore subject to EMTALA law. The EMTALA las has certain condition that must be met by the treating facility.
“EMTALA imposes 3 distinct legal duties on hospitals. According to the statute, only facilities that participate in Medicare are included, but this encompasses almost 98% of all US hospitals. First, hospitals must perform a medical screening examination (MSE) on any person who comes to the hospital and requests care to determine whether an emergency medical condition (EMC) exists. Second, if an EMC exists, hospital staff must either stabilize that condition to the extent of their ability or transfer the patient to another hospital with the appropriate capabilities. Finally, hospitals with specialized capabilities or facilities (e.g., burn units) are required to accept transfers of …show more content…
She is clearly adequately triaged by the hospital staff and taken to treatment area of emergency department. Following this she is seen by emergency department doctor and a CT Head is recommended, per hospital protocol for headache and the recommendation of the treating physician. The hospital has difficulty with obtaining the CT Scan, due problem with insurance company, and the patient is discharged to follow up with her primary care physician. In the interim she dies of an aneurysm that we are told cannot be detected on a CT of her Head. The issue that now arises is this an EMTALA violation. The premise being that the patient would still have had an undetectable aneurysm even had the CT Scan been obtained. Also, the issue being did the hospital by discharging and not permitting her to have the CT violate the EMTALA

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