Effects of EMTALA on Healthcare Essay Example

within their premises (Westfall, 2003).

The Act establishes specific criteria for determining if a medical condition qualifies as an emergency. While medical knowledge and scientific evidence are crucial in making these determinations, the law offers a legal framework to guide these decisions. One example is the statute's detailed guidelines for identifying emergency conditions, which are listed below:

Immediate medical attention is crucial when severe acute symptoms of a medical condition arise, as stated by Bristol (2006). Failing to do so could result in serious harm to both the pregnant woman's health and her unborn child. Such conditions encompass intense pain and notable impairments to bodily functions or organs. If a pregnant woman experiences contractions, it may be unsafe to transfer her to another hospital prior to giving birth due to potential risks posed to her well-being or that of her unborn child.

The meaning of "stability" differs for patients with psychiatric illnesses and those with organic traumas. For psychiatric patients, stability means their capability to guarantee personal and others' safety, enabling discharge. Similarly, during emergencies, a patient can be considered "Stable for transfer" if precautions have been taken to avoid further injuries while transferring.

Rosenbaum (2003) defines "stabilize" as the administration of medical treatment to ensure that there is a reasonable probability of not worsening the individual's condition during their transfer from one facility to another. This definition applies to pregnant women in labor and includes delivering the placenta.

The provisions for women in active labor clearly outline the important concepts of "safe transfer", "inadequate time", and "threat to health or safety". This ensures there is no confusion or misunderstanding when it comes to this issue. Similarly, EMTALA also leaves

no room for interpretation when it comes to patient transfers. The statute explicitly specifies the conditions for transferring patients as follows:

1. It is crucial to prevent the deterioration of the patient's condition during or after transfer in emergency medical situations.

According to Hampers (2002), when patients are in active labor, it is noted that "the infant and the placenta have been delivered."

It should be noted that EMTALA applies to both hospitals and hospital administrators, as well as physicians. Since private hospitals are business corporations, the laws that apply to them also apply to physicians. The Act includes clauses that specifically mention the expected conduct of physicians. For instance, Section 1395dd (d)(1)(C) states that physicians who fail to respond to emergency situations in accordance with the statute can face penalties. Physicians who transfer patients without proper justification can also be held accountable for their actions (Hampers, 2002).

Physicians can be held liable for negligence and incorrect diagnoses. They are also covered by the State malpractice law for negligence and wrong diagnoses. Medical personnel who meet EMTALA requirements can still face punitive action under the State malpractice law, as the scope of the State law is broader than EMTALA. The Summers v. Baptist Medical Center of Arkadelphia case illustrates punitive action against emergency healthcare personnel for an inadequate process of screening examination.

According to www.emtala.com (2003), a patient who fell from a tree stand while hunting was not given a complete examination as ordered, as a chest x-ray was omitted. Despite the physician's belief that the patient did not have any fractures, they were discharged home with instructions and not transferred to another medical facility. However, two days later, the

patient sought treatment at another hospital and was diagnosed with an acute comminuted vertebral fracture, sternal fracture, and bilateral hemopneumothoraces caused by untreated rib fractures.