Title: Suing a Hospital Under the EMTALA Statute | Chester Law Group
Headings: Suing a Hospital to Collect More Money Under a Little Known Federal “Malpractice” Statute
Suing a Hospital to Collect More Money Under a Little Known Federal “Malpractice” Statute
What is EMTALA?
What is EMTALA Law?
Obligations Placed on the Medical Facility from EMTALA
Suing a Hospital for Malpractice

Content: Remember, if the hospital does not follow the requirements of the statute, they are liable regardless of fault. Obligations Placed on the Medical Facility from EMTALA
When a person comes into a medical facility and asks to be evaluated, the hospital must provide a medical screening examination (MSE) to determine if there is an emergency medical condition (EMC), including active labor. The hospital may not decide on treatment based on your ability to pay and may not delay treatment to your detriment because they want to prove you can pay, such as pre-authorization from private health insurance. Thus, the statute puts your welfare above the pocketbook of the hospital. The statute requires the hospital to use the medical equipment on hand, such as x-ray, CAT scan, MRI, EMG, EKG equipment as part of the emergency medical screening (EMC) process. So, if the hospital just figures you are ok without doing tests, they may be liable under EMTALA. EMTALA applies to any patient coming into the hospital, not just indigent patients. Once an emergency medical condition (EMC) is found, the hospital must provide stabilizing treatment, and if unable to stabilize, transfer to a facility that can stabilize. Finally, hospitals with specialized capabilities or facilities (e.g., burn units, specialized cardiac care units) must accept transfer patients from other hospitals if the specialized hospital has the capacity to treat them. This provision of EMTALA stops reverse dumping, where specialized hospitals won’t take indigent patients from other hospitals.