ARE SCHEDULED VISITS COVERED BY EMTALA?:May 1, 2010

Federal Court Allows Case To Proceed On Physician Claim Of EMTALA Retaliation:May 12, 2009 Case will proceed to trial after ruling finds Quality Improvement Act immunities do not apply to claims against CEO and Board.

University of Chicago Death Gets EMTALA Citation:Apr 3, 2009 After months of being in the headlines over ED practices
that were designed to get the UC out of general hospital
operations and into high-paying areas of elective practice,
a death in the Emergency Room has resulted in a CMS
EMTALA violation citation according to a hospital press
release.

Ambulance Redirect Ruling From 1st Circuit:May 16, 2008 Federal Court upholds EMTALA in ambulance radio denial case. By Stephen A. Frew JD.

Full Text of 1st Circuit EMTALA Decision:May 16, 2008 Upholds EMTALA cause of action for radio denial of an ambulance transfer when hospital was not on diversion.  Court finds that any other interpretation would create a massive loophole for hospitals to financially screen and divert ambulance patients to avoid EMTALA.

Does A New-Born Baby Have EMTALA Rights?:Feb 8, 2008 By Stephen A. Frew JD.

US Court Refuses To Dismiss EMTALA Case In Death Of Discharged Patient:May 21, 2007 The US District Court for the District of Puerto Rico has refused to dismiss a case brought by the survivors of Alfonso Domenech who was discharged from a hospital inspite of complaints of chest pain and abnormal test results. By Stephen A. Frew JD.

US Court Rules That EMTALA Applies To Inpatients:Mar 9, 2007 A US Federal District Court in Puerto Rico has ruled that the 2003 CMS regulation that interpreted EMTALA not to apply to in-patients does not have the "force and effect of law". By Stephen A. Frew JD, Publisher.

Prosecutors Acuse Hospital of Stonewalling EMTALA Investigation:Feb 15, 2007 Hollywood Presbyterian Medical Center was accused of stonewalling prosecutors' investigation Wednesday into a Febuary 8, 2007, incident in which witnesses saw a 41-year-old paraplegic man crawling on the street after being dropped off by a hospital contracted van. By Stephen A. Frew JD, Publisher.

Roberts vs. Galen, US Supreme Court Opinion 1999:Jan 26, 2007 Repost of ROBERTS Supreme Court Opinion 1999 for website maintenance purposes only.

Death of Patient In Waiting Area Ruled Homocide:Sep 15, 2006 It is quite obvious that the Coroner's jury went way out of their way to send a message on ED delays and indifference to patient care to this hospital and all hospitals. It appears that the public is saying that ED delays are going to come back to bite hospitals. By Stephen A. Frew JD.

OB Call Issue Spawns EMTALA Suit:Aug 28, 2006 Procedure raises issues of triage compliance, medical screening, on-call compliance, and refusal of care. By Stephen A. Frew JD.

Failure To Assess Depression May Give Rise to EMTALA Liability:Apr 24, 2006 A US District Court in Tennessee has ordered a case to proceed to trial over attempts of hospital counsel to gain a dismissal in the case of a depressed man who was discharged and attempted suicide. The judge ruled that the allegations and supporting medical affidavit were sufficient to require a trial. By Stephe A. Frew JD.

AMA Patient Cannot Sue Hospital For EMTALA:Apr 20, 2006 Can a drug intoxicated patient who signed out AMA sue a hospital under EMTALA because while still intoxicated 4 hours later he assaulted a police officer. By Stephen A. Frew JD.

MedLaw E-Bulletin March 4, 2006:Mar 4, 2006

In this issue:

1. California Court Dodges 250-Yard Rule
2. New Mailing System
3. I Need Your Help
4. Coming Soon...

By Stephen A. Frew JD.