Emergency Medical Treatment and Labor Act: Overview
The Emergency Medical Treatment and Labor Act, also known as EMTALA, was enacted to prevent the deplorable practice known as "patient dumping." For years, many hospitals with emergency facilities simply refused to treat certain patients that the hospital feared were too poor to pay the bill. EMTALA was designed to ensure that all people, no matter their financial status, receive adequate emergency care.
EMTALA requires all Medicare funded hospitals that have emergency treatment facilities, i.e., emergency rooms, to medically stabilize patients prior to discharge or transfer to another medical facility. If a hospital has the physical space and medical capabilities, it must accept the patient for treatment. In addition, proper treatment cannot be delayed or refused for any financial reason. This requirement becomes particularly important when insurance companies and managed care organizations such as HMOs are involved. EMTALA requires the hospital to go forward with stabilizing treatment, despite an insurer's refusal to pay. Furthermore, any delay in administering stabilizing treatment while doctors, hospital staff, and insurance company employees argue over payment for the procedure is strictly prohibited.
When injury victims and their families sue hospitals for violating EMTALA, the question of whether the patient was stabilized prior to transfer becomes critical. According to the law, "stabilized" means that to a reasonable degree of medical probability, no material deterioration of the patient's condition is likely to result from, or occur during, a transfer to another medical facility.
Don't pay for a hospital's greed. If you or a family member have been the victim of patient dumping, it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.
Attorneys associated with InjuryBoard.com will evaluate your case free of charge. In addition, you will not pay any fees or costs unless your attorney recovers money for you. Please click on the free Ask An Attorney button to take advantage of this valuable service.
-- Article Courtesy of InjuryBoard.com
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