Hi Tashika,
I did assumed that was an illegal act for the reason that she was transferred to another hospital quickly right after they asked her for her insurance card. Also, maybe she was transferred because the hospital did not have the capability to treat the emergency that she had. I will also advise her to gather all the information about EMTALA for her to investigate if the hospital did an illegal action.
The case of Marie Moses-Irons vs. Providence Hospital. Johnella Richmon Moses representative of the estate of Marie Moses-Irons (deceased) brought a case of an EMTALA violation and other negligence accusations to the U.S District Court on December 14, 2002. The lawsuit was against the Providence Hospital and Medical Centers, Inc. and Dr. Paul Lessem. On December 13, 2002, Marie Moses-Irons brought her husband, Christopher Howard, to the emergency department of Providence Hospital in Southfield, Michigan due to severe headaches, muscle soreness, high blood pressure, vomiting, slurred speech, hallucination, and delusional statements. The patient was admitted to the hospital’s emergency room and was treated for the physical complaints as well for the psychiatric problems. Dr. Lessem treated Christopher Howard during the hospital stay and
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
On March 2, 2016 at approximately 2013 hours Security Officer Tom Mejia and Shift Supervisor Steven Evans responded to dispatched call for a 51D (Disorderly Patient in ED) to Emergency Room #42. It was reported that the patient was intoxicated and was attempting to leave. On arrival, E.D. Registered Nurse Camila Perez explained that the patient, Ms. Shayna Patkotak (FIN: #85305794) was indeed intoxicated and was wanting to leave but she was back in her room. Ms. Shayna was verbal about wanting to leave and smoke but the medical staff was able to get her to comply with them. Security stood by while the medical staff attended to her. We did not have to go hands on and there were no injuries to the staff during this incident. All cleared, nothing
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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
I enjoyed reading your informative post. There are several risk factors that predispose anyone to develop DVT/PE such as age, obesity, infection, immobilization, hormone therapy, tobacco use, pregnancy, air travel, hospitalization and surgery in particular. As you well articulated in your post , the 44-year-old African American male patient had surgical procedure which is obviously one of the risk factor to developing DVT/ PE and having a cancer tumor makes the tendency of blood clot even worse. The other important risk factor that you haven't mentioned in your post is that for reasons that are not unknown, DVT/ PE disproportionately affect African American "African American men and women have a 30% higher chance
The medical form was not totally in compliance with the “Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), even though the claimant had a written notice there was no effort put forth in order to secure an approved medical authorization and
The patient went as far to admit that she currently is having a hard time breathing, but has an appointment with her gynecologist on Monday. This writer advised the patient that if she has difficulties breathing she will need to go to the ER immediately and be medically assessed by Nursing. The patient started crying about she does not want to be medically assessed as she needs to return her boyfriend vehicle so that he can work. This writer informed the patient about the seriousness of her health comes first. This writer called Nursing Chrystal, but no response. Then this writer and the patient went to the Nursing Director office to be medically assessed. According to the Nursing Director, she advised the patient to go to the ER first and will not be dosed today unless she provides proof of documentations of her visit. Again, the patient fussed and then says, " I am fine, it's not serious," however, the patient was advised to follow medical
(TCO 1) How could a hospital legally avoid being covered by the Emergency Medical Treatment and Labor Act (EMTALA)?
The physicians instead of making the call to the cardiology team sent the nurse to do so (Violation).
One in particular states, “The hospital is professionally and ethically responsible for providing care, treatment, and services within its capability and law and regulations (Showalter,2013).” Patients may not always have the funds to be treated when their insurance coverage is not available. It would be up to the facility to decide how they are going to continue care in these situations. They have policies on the destruction of medical records. Another policy includes they must comply with the standards of emergency care. Also, that patients have access to interpreter services to include the most common languages used in the healthcare facility. These standards of care are updated all of the time by healthcare experts, nurses, staff, to ensure the most updated
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
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
Q2:Various considerations Kassatly Chtaura management should consider in business expansion decisions, and its implications of suggested strategy.
The doctor had a duty to treat the patient. This legal duty is established if the healthcare provider agrees to treat the patient. This must be established, as a doctor providing emergency care in a public place may not be guilty of malpractice.