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Medical Law & Ethics Assignment

Medical Law & Ethics Assignment

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MEDICAL LAW & ETHICS ASSIGNMENT

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MEDICAL LAW & ETHICS ASSIGNMENT

The following paper defines EMTALA and presents a summary of a case to clarify the implications of this law. The Emergency Medical Treatment and Labor Act (EMTALA) can be described as a federal law that deals with emergency health cases. According to EMTALA, it is imposed that every patient that comes to an emergency department for the sake of medical treatment should be treated, regardless of the insurance status or financial condition to pay the bill.

The case is titled as, "St Anthony Hospital V. United States Department Of Health And Human Services." The case supports the administrative sanctions that were charged against St. Anthony Hospital for conducting an act of reverse dumping. Reverse dumping is a practice when a specialized hospital or medical care center refuse to accept a patient's case, even when the transfer of patient had been requested earlier. It was April 5th of 1995, when the patient got injured in a car accident and arrived at Shawnee Regional Hospital for initial treatment. However, after a thorough examination of wounds, Dr. Kent Thomas suggested that such injuries cannot be treated at Shawnee, and therefore services of the specialized hospital, i.e., St. Anthony is indispensable for the patient. After the decision, Dr. Thomas requested the authority of St. Anthony through phone calls, and they showed their approval to treat the patient. However, when all the preparations of transferring the affected person to that hospital were completed, they came to know that St. Anthony is no longer accepting the patient. Consequently, the negligence of the hospital delayed the medical treatment, that was imperative to save the life of the patient, and as a result, the patient died on 11 April. The case patient dumping evoked the Department of Health and Human Service to sue the St. Anthony by using EMTALA or say "patient anti-dumping act," through regulations at 42 C.F.R. §§ 489.20, 489.24, 489.53 and 42 C.F.R. Part 1003.

Reference

FindLaw's United States Tenth Circuit case and opinions. (2019). Retrieved from https://caselaw.findlaw.com/us-10th-circuit/1432730.html

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