Duties, Responsibilities And Rights Of The Provider

This case involves a physician, Dr. Burditt, who had disregarded the Emergency Medical Treatment and Active Labor Act (EMTALA). This act was implemented to prevent “Medicare-participating hospital from “dumping” patients out of the emergency room” (Pozgar, 2016, p. 245). In this case, Dr. Burditt had had examined the patient and made the decision to transfer her to another hospital that was located quite a distance away. When the patient was evaluated, it was noted that she had “dangerously high blood pressure (210/130) and was in active labor with ruptured membranes” (Pozgar, 2016, p. 245). Dr. Burditt should have continued to treat this patient because of her symptoms, which could have resulted in the death

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.

Since the development of the EMTALA Act in 1986, any individual which presents to the emergency department, must be accessed and triaged by qualified medical personnel. (www.cms.gov) Individuals are aware that if they present to the emergency department, regardless if it is for just a tooth ache or a major illness like a heart attack, they will have to be treated. “This mandate does not extend to private physician offices, however, which creates an incentive for those without the means to pay for care to

In 1986, the Emergency Medical Treatment and Labor Act (EMTALA) was enacted. The federal government enacted the law to provide everyone with access to emergency medical care, even for those unable to pay. EMTALA declared that any individual who enters a “qualifying hospital” is entitled to an “appropriate” medical examination to determine if an “emergency medical condition” is present. The individual cannot be “transferred” until the “emergency medical condition” is “stabilized.” Only if the individual cannot be “stabilized,” an “appropriate transfer” may be performed. Hospitals must accept

| in addition to age, under the Equality Act people cannot be discriminated against as a result of any of the other ‘protected characteristics’. These are: disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted in 1986 as a part of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. EMTALA was enacted to prevent hospitals with Emergency Departments from refusing to treat or transferring patients with emergency medical conditions (EMC) due to an inability to pay for their services. This act also applies to satellite locations whom advertise titles such as “Immediate Care” or “Urgent Care,” and all other facilities where one-third of their patient intake are walk-ins. Several rules and regulations to this act have been established and it has become a very serious piece of legislation and health

damages. In order to obtain a judgment of negligence against a doctor the patient has to be able

[2] The law requires care providers to deliver medical services despite patients’ ability to pay. The act outlines specific guidelines for providers that deliver emergency services. If a patient has a medical emergency, such as an injury or active birth, the law obligates caregivers to stabilize the patient and provide treatment up to the point where the patient remains stabilized. If the care provider cannot deliver this service, the law mandates that the provider transfer the patient to a capable facility.

Spearheading from the last question, the regulatory categories pertain to this as well. The provider is responsible for putting the patient’s welfare above anything else, and system-wide rules should

The Emergency Medical Treatment and Active Labor Act (EMTALA) passed in 1986 and it requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. It further stated Participating

http://www.cnn.com/US/9907/13/patients.rights/index.html Zelman, W. N., McCue, M. J., Glick, N. D., & Thomas, M. S. (2014). Financial management of

The ethical right for individuals to have access to health care already has a form of legal binding within the United States as seen in the Emergency Medical Treatment and Active Labor Act. “In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA), which forbids Medicare-participating hospitals from “dumping” patients out of emergency departments” (Pozgar, 2010, p. 221). The act provides that:

If there are an emergency, the physician is obligated to treat the patient, but they are not obligated to treat everyone. If the

In order to continue to provide excellent and adequate service each health members needs to be informed of their obligation and duties to our patients. According to our text, “Legal Aspects of Health Care Administration” all health care professionals are obligated by law to provide service to all individuals despite if they are infected