EMTALA, also known as "The Emergency Medical Treatment and Active Labor Act," is a federal statute which provides protections for when an individual arrives at a hospital emergency room in an unstable medical condition. The law mandates how and when a person can be refused medical treatment and the circumstances under which a person can be transferred to another hospital in an emergency situation. If a hospital fails to adhere to the federal law, the hospital can be liable for consequences of EMTALA violations.
What Does EMTALA Require?
Under EMTALA, if a patient arrives at a hospital emergency room requesting care for an emergency condition, the person must be provided with appropriate medical treament in order to determine if the person is having an emergency medical condition. If so, the hospital must provide medical treatment until the person is stable, or until the person can be transferred to another facility.
What Constitutes an Emergency Medical Condition
Under the language of EMTALA, an emergency medical condition exists if failure to treat the patient could result in any of the following:
- serious impairment to bodily function
- significant dysfunction of a bodily organ
- dysfunction of a body part
- jeopardizing the health of a preganant woman or unborn child
Penalties under EMTALA for EMTALA Violations
If a hospital fails to follow EMTALA, the hospital can be fined a "civil money penalty" (also known as a fine). This amount can be up to fifty thousand dollars per each violation if the hospital has more than one hundred beds.
Filing a Civil Lawsuit Based Upon the Denial of Emergency Medical Treatment
If a hospital has denied care to an individual for EMTALA violations, this denial can also serve as the basis for a civil lawsuit. EMTALA simply provides a secondary theory of law for which an individual can assert his or her case against the hospital. Moreover, since EMTALA is a federal law, EMTALA cases can also allow a person to bring the case in federal case. Federal lawsuits frequently involve an increased amount of damages sought by the plaintiff, so many plaintiffs seek to file federal cases as opposed to a state-based lawsuit.
Getting Legal Help
If one has suffered an injury due to a violation of EMTALA, one should consider consulting with an experienced medical malpractice attorney as soon as possible. An experienced medical malpractice attorney will be able to review the matter and determine what legal options are available. Moreover, a medical malpractice attorney can help to preserve one's important legal rights and assist in obtaining the compensation one deserves.
