Critical Access hospital fined $20,000 for transfer of orthopedic patient.

An alleged failure to call in an on-call orthopedic surgeon and an apparent disagreement on what constitutes “Trauma” for transfer to a Trauma Center ultimately was resolved with $20,000 Office of Inspector General (OIG) settlement on charges against a Critical Access (fewer than 25 beds) hospital in Tennessee (December 2014). Maximum fines for violations by … Read more

Tennessee hospital fined $40,000 for patient dumping allegation.

A Tennessee hospital settled an Office of Inspector General (OIG) action for Civil Monetary Penalty (fine) for $40,000 in January 2015 on allegations stemming from a 2011 citation against the hospital for an alleged “patient dumping” violation. In reaching the settlement, the hospital did not admit any wrong-doing. The incident reportedly stems from an incident … Read more

Massachusetts District Court rules hospital complied with EMTALA transfer rules

Federal district court judge DJ Hellman has thrown out EMTALA allegations against Milford Regional Medical Center in Massachusetts on pretrial motions for summary judgment filed by the hospital. Case facts: Plaintiff alleges that on October 19, 2009 she presented to the hospital via ambulance complaining of severe pain in her abdomen and shooting pains in … Read more

OIG levies $45K Fine For Insurance Dump

Fort Lauderdale Hospital, Inc. (FLH), Florida, agreed to pay $45,000 to resolve its liability for Civil Monetary Penalties under the patient dumping statute. The OIG alleged that FLH failed to provide an appropriate medical screening examination and stabilizing treatment to an autistic patient that presented to FLH’s emergency department after physically attacking his mother. A … Read more

Do Ambulance Jam-Ups At Hospitals Violate EMTALA?

Outside the Emergency Department ambulances are jammed into lines waiting to deliver their emergency patients.  Patients in need of life-saving care sit 150 feet from the doctors they need to save their lives, and they cannot reach them.  Inside the ED doors, EMS crews stand over their patients and vainly attempt to get nurses to … Read more

Suing Doctors for EMTALA Claims?

Doctors are not the only ones who sometimes find EMTALA confusing as a recent Tennessee case highlights.  Lawyers apparently don’t understand it either. A patient came to the hospital with severe eye pain, was treated with eye drops, and sent home.  A few days later he returned with increased pain and was given an ointment … Read more

EMTALA From A Doctor’s Office?

When Theresa Penn experienced crushing chest pain, she went to her family physician’s clinic in her home town.  He diagnosed ACS and AMI and attempted to arrange a direct admit to a cardiologist at the nearest hospital.  The on-call cardiologist refsued the case because the intensive care unit was full, so the physician sent the … Read more