BANGOR - In an emotionally charged lawsuit heard last week in U.S. District Court, the jury unanimously found that Eastern Maine Medical Center violated a weighty national law, the Emergency Medical Treatment and Active Labor Act, commonly known as EMTALA. The Bangor jury's verdict has caused the case to come to the attention of state and federal officials, who say an investigation of the Bangor hospital is likely.
From a purely economic standpoint, the individual mandate is the only rational measure (proposed) to mitigate free-riding within the system that has led to market inefficiency and $4 billion in losses annually pulled out of the national economy and passed on to others. This is a market solution first and foremost. The only other measure that could be argued to be a market efficiency approach that would repeal federal law: the Emergency Medical Treatment and Active Labor Act.
A medical malpractice plaintiff's expert couldn't be excluded on the ground that the witness had given up his practice in order to testify against doctors and hospitals, the 1st Circuit has ruled in reversing judgment. The plaintiffs sued for medical malpractice and violations of the Emergency Medical Treatment and Active Labor Act, alleging that the premature birth and subsequent death of their daughter was due to the negligence of a hospital and various doctors.
BANGOR - Lorraine Morin, who was having contractions when she was discharged from Eastern Maine Medical Center on July 1, 2007, after finding out the 16-week-old fetus she carried had no heartbeat, has won $200,000 in a civil lawsuit against the hospital. She delivered her dead son in the bathroom of her Millinocket home later in the day and subsequently sued the hospital in U.S. District Court in Bangor, claiming that doctors violated the Emergency Medical Treatment and Active Labor Act when they sent her home.
By definition, urgent care centers offer treatment outside of a hospital emergency department. "Scranton has a good number of family physicians and, because of this, it's not particularly fertile ground for the support of urgent care centers," adds Dr. Martin. No denial David Schoenwetter, D.O., emergency medicine medical director with Geisinger emergency medical services, points out that hospital emergency departments are regulated by the federal Emergency Medical Treatment and Active Labor Act (EMTALA).
...The Emergency Medical Treatment and Active Labor Act (EMTALA) pl...
A patient traveling to an emergency room in an ambulance "comes to" the ER for purposes of a claim under the Emergency Medical Treatment and Active Labor Act, the 1st Circuit has ruled in denying a hospital's motion for summary judgment. The plaintiff was in transit to a hospital due to a pregnancy-related emergency when the paramedics called ahead to notify the emergency room of their approach. The doctor in charge of the ER questioned whether the plaintiff had intentionally induced an abortion, inquired whether she had medical coverage and then abruptly terminated the call.
A plaintiff need not be a patient to have standing to sue a hospital under the Emergency Medical Treatment and Active Labor Act for releasing a mental patient who subsequently murdered his wife, the 6th Circuit has ruled in reversing a U.S. District Court. The plaintiff is the representative of the estate of the wife, who was murdered by her husband 10 days after he was released from the hospital.
For those of us who actually work in the industry, one of the most frustrating features of the ongoing health-care debate is the misplaced emphasis on the "uninsured." Virtually all commentary, including your editorial "Not a conservative health-care plan" (yesterday), takes for granted that the resolution of this issue should be a primary focus of any reform effort. This mistaken view is rooted in two popular myths: that the uninsured have no access to health care and that they have no access to coverage. As to the former, the Emergency Medical Treatment and Active Labor Act (EMTALA) requires all hospitals to treat all patients who cross the thresholds of their emergency rooms, regardless of ability to pay. As to the latter, more than 30 percent of the uninsured already are eligible fo...
A hospital could be liable under federal law for discharging an emergency room patient who subsequently died at home from peritonitis caused by a ruptured ulcer, the Kentucky Court of Appeals has ruled. Twice in the course of two days the defendant provided emergency room treatment to a patient who complained of severe abdominal pain. The patient died at a family member's home from purulent peritonitis caused by a ruptured ulcer the evening after the hospital discharged him for the second time. His family sued the defendant for medical malpractice for failing to correctly diagnose the patient's condition and for violating the federal Emergency Medical Treatment and Active Labor Act.
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