emergency medical treatment and labor act
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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.
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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.
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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).
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There have been legal developments about limits to damages, protection against subjective fear claims and creation of statutory-based causes of action, which will be of interest to defense counsel working in the area of Tort reform debates continue to focus on the question of caps on damages as they can be challenged constitutionally. Courts are beginning to provide fear damages for litigants who have been exposed to toxic substances. The application of the Emergency Medical Treatment and Labor Act will make hospitals liable for physicians, for whom they may otherwise not have been liable.
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