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.

Battle Over On-Call Requirements Turns Bloody:Feb 2, 2006 The long-simmering battle between physicians and hospitals over EMTALA call coverage went public in an ugly way in December -- By Stephen A. Frew JD.

Illinois Hospital Pays $35,000 EMTALA Fine:Nov 23, 2005

First Circuit Rules Violation of Triage Catagories May Violate EMTALA:Aug 10, 2005 The US Court of Appeals for the First Circuit has ruled that deviation from the triage classifications of the hospital may be an EMTALA violation. By Stephen A. Frew JD.

MedLaw.com E-Bulletin July 14, 2005:Jul 14, 2005 Location in hospital does not control EMTALA duties. By Stephen A. Frew JD.

Burditt v. HSS Decision -- Full Text:Mar 14, 2005 Court decision uphold EMTALA application to on-call physicians. One of the first cases decided under EMTALA. By US 5th Circuit Court of Appeals.