EMTALA
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FAQ: When can we send a patient to another hospital by private vehicle under EMTALA?16 December 2011
Under EMTALA transfers are any time the patient leaves the facility unless they are deceased or leave without permission. EMTALA cases often arise when the patient is moved, sent, or transferred to another hospital for either a higher level of care or for testing or care not available at the sending facility by private vehicle.
EMTALA Appropriate Transfer Elements
A medically appropriate transport under EMTALA is one where: there is a valid transfer certification; there is advanced acceptance; the patient consents; transport is by appropriate medical vehicle; there are appropriate medical personnel in attendance; there is appropriate life support equipment; and the medical record is sent with the patient.
Private Autos Don’t Hack It
If you do get the signed refusal, remember that you must comply with all of the other elements of an appropriate transfer.
Private vehicle movement is always a risk, so make sure that you have warned the patient against any delays or diversions in the trip and pay attention to documenting every element of compliance.
As a last caution, transferring pregnant women by private vehicles is a recipe for disaster.
Read MoreOHIO COURT RULES ON INFORMED CONSENT STANDARD10 December 2011
In a case based on an allegation of lack of informed consent, expert medical testimony is required to establish both the material risks and dangers inherently and potentially involved with a medical procedure and that an undisclosed risk or danger actually materialized and proximately caused injury to the patient.
Expert medical testimony is not required to establish what a reasonable person in the position of a patient would have done had the material risks and dangers been disclosed prior to therapy.
Read MoreMeaning of Memorial Day30 May 2011
The orders from Gen. John A. Logan declare
“The 30th of May, 1868, is designated for the purpose of strewing with flowers, or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet churchyard in the land. In this observance no form of ceremony is prescribed, but posts and comrades will in their own way arrange such fitting services and testimonials of respect as circumstances may permit. “
Please visit the grave of a veteran of US Military Service today and mark the day with with at least a moment of thanks for the freedom you enjoy the rest of the day.
Read MoreA personal note: Air Travel Hassles24 March 2011
I will be presenting an EMTALA course for the Alabama chapter of ASHRM on April 1 and an EMTALA talk for Health Management Associates National Emergency Services Conference in Texas April 30. While I enjoy the opportunity to get out to talk with folks, I am doing it less these days thanks to the total hassle that air travel has become.
My brother sent me a YouTube video that pretty much catches the essence of things, although being from the UK, it omits any mention of TSA. I was told that things hurt less if you can find something humerous in it, so…http://www.youtube.com/watch?v=HPyl2tOaKxM
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