Title: Patient Dumping: An Overview of the EMTALA - Home
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Patient Dumping: An Overview of the EMTALA
Patient Dumping: Hospital Obligations per the EMTALA
Military Medical Malpractice Lawyers at the Law Firm of Ryan & Brown: We Are Here to Help You

Content: Hospital Obligations per the EMTALA
While there have been a number of amendments to EMTALA since it was initially passed, the following are the primary obligations that hospitals still have under the provisions of this anti-patient dumping law: Patient dumping is an illegal practice, the details of which are spelled out by the Emergency Medical Treatment and Active Labor Act (EMTALA). The obligation of screening and examining patients who are seeking emergency medical care to assess whether these people actually have an emergency medical condition (EMC) that requires immediate care – In particular, hospitals are NOT legally allowed to delay medical screening and/or care to find out if patients can pay for that care (or to verify patients’ immigration statuses in the U.S.). Once, however, a patient’s health is no longer in danger, hospitals can continue with the payment and/or insurance inquiry process. The obligation of administering treatment until the EMC has stabilized – Specifically, hospitals are legally required to continue to administer the necessary care to patients until their condition is resolved, their health has stabilized and they are able to either self-administer care or continue with other care somewhere else. Here, the law also dictates that an equal level of inpatient care should be administered to all patients, regardless of their ability to pay for care. The obligation of making appropriate transfers in the event that hospital doesn’t have the capacity or ability to treat patients’ emergency medical conditions. If hospitals violate these provisions of the EMTALA, they can: Be fined up to $50,000 per violation
Be sued by injured patients and/or their families (in the event the violation of the EMTALA resulted in severe and/or fatal health complications). Military Medical Malpractice Lawyers at the Law Firm of Ryan & Brown: