AHS318_Sp11_u07_PDF

E change in vitals improper use of anesthetics cross

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Unformatted text preview: onals Regardless of the individual’s profession, he or she will be held to the same standard of care as another individuals practicing in the field practicing in the field Emergency Departments Generally recognized as having a duty to accept treat and transfer emergency department patients if such care is deemed medically necessary Emergency departments are considered high risks areas for hospitals High turnover of patients turnover of patients Rapid pace Potential for there to be a lack of follow-up on abnormal lab/radiology followfindings Consider the hospital that operates an emergency department, but no longer delivers babies and a women presents to ER in active labor, baby is delivered, and baby suffers injuries during the birth - any liability??? Consider failure to admit patient suffering from chest pains, and patient subsequently suffers a massive MI and dies – any liability??? 21 Liability by Department and Other Health Care Professionals Liability by Department and Other Health Care Professionals Emergency Medical Treatment and Active Labor Labor Act (“EMTALA”) Act forbids Medicare participating hospitals from “dumping” patients out of emergency “dum departments. 22 Act requires that persons presenting to the ER must be screened to determine if the person has an emergency medical condition Must conduct exams and perform ancillary services routinely available to the emergency department 23 Emergency Medical Treatment and Active Labor Act (“EMTALA”) (“EMTALA”) Emergency medical condition defined: (A) A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result immediate medical attention could reasonably be expected to result in (i) placing the health of the individual (or, w/ respect to a in pregnant woman, the health of the woman or unborn child) in serious jeopardy, (ii) serious impairment to bodily functions, or (iii) serious dysfunction of any bodily organ or part; or (B) w/ respect to a pregnant woman who is having contractions, (i) that there is inadequate time to effect a safe transfer to another facility before delivery, or (ii) that transfer may pose a threat to the health or safety of the woman or the unborn child. 24 4 2/22/2011 Liability by Department and Other Health Care Professionals Liability by Department and Other Health Care Professionals Emergency Medical Treatment and Active Active Labor Act (“EMTALA”) Act requires that if the hospital determines that an emergency medical condition that an emergency medical condition exists, exists, then it must either stabilize the patient or provide for transfer of the patient to a facility capable of meeting the patient’s medical needs. Emergency Medical Treatment and Active Active Labor Act (“EMTALA”) The enforcement provision of EMTALA is explicitly limited to actions against explicitly limited to actions against Medicare Medicar...
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