EMTALA

It has been a while since this question came up, but since I received it today, I want to share the answer that I gave to the facility. I advise against blood pressure checks in the ED, but most people do them anyway. CMS basically says that you can give blood pressure checks in the … Read more

A Colorado District Court has dismissed an EMTALA claim upon a finding that the physician and hospital did not violate hospital medical screening policies and was not aware of the patient’s emergency medical condition upon discharge. A 13 year old girl presented and received a medical screening examination from the ED physician. Upon reaching a … Read more

The First Circuit Court of Appeals has ruled that the District Court of PR improperly dismissed an EMTALA lawsuit and remanded the case for trial. The plaintiff presented to the hospital complaining of vaginal discharge and spotting in her 3rd trimester of pregnancy. The ED physician performed a pelvic exam, found that the patient was … Read more

A proposal is pending in Congress that would shift medical malpractice liability defense for EMTALA mandated care for ED visits and on-call care from private insurance to the federal government. The plan would have Uncle Sam shoulder the EMTALA civil liability and defense under the Federal Tort Claims Act (FTCA) for both physicians and hospitals. … Read more

On October 20, 2009, the patient presented to the hospital and was admitted for “uncontrolled hypertension and elevation in cardiac enzymes”. He was discharged on October 23, 2009, but returned seeking emergency attention that same day. He was again discharged on the 23rd. Later that day, he was taken to another hospital where he died. … Read more

The patient presented at 5 pm with chest pains and shortness of breath. EKG and a blood draw were initiated within 20 minutes. A chest x-ray was performed in another 30 minutes. After several hours, the patient was seen by the ED physician, and then a cardiologist examined the patient. He offered the patient a … Read more

What sign contents were reviewed by CMS in making their ruling on pain signs? The SC Hospital Association submitted the following language: Proposed Sign: Prescribing Pain Medication in the Emergency Department Our Emergency Department staff understands that pain relief is important when one is hurt or needs emergency care. However, providing pain relief is often … Read more

An advisory opinion from CMS to the South Carolina Hospital Association has nixed the growing practice of posting drug dispensing policy statements in the waiting area to warn pain patients that they are not going to get pain drugs that are common drugs of abuse. The goal of such signs is to discourage drug seekers … Read more