The Emergency Medical Treatment and Labor Act (EMTALA) of 1986 is a federal law aimed at ensuring public access to emergency medical services regardless of a patient's ability to pay for those services. The primary intent of EMTALA is to prevent instances of "patient dumping," in which hospitals refuse to treat uninsured patients or transfer them to other facilities without providing adequate medical evaluation and care. EMTALA imposes several requirements on Medicare-participating hospitals that offer emergency services, and physicians with staff privileges at those hospitals may also have individual obligations under EMTALA. Hospital Requirements When a patient arrives at a...
Inconsistent Performance and Documentation of MD Orders
This case study was made available to MIEC through our partnership with CRICO. It was written by Kathy Dwyer, MSN, RN, CRICO Description A 56-year-old male admitted for repair of facial fractures suffered a fatal post-operative cardiac event. Key Lessons Failure to follow either orders or policy is indefensible without documentation of sound reasoning for a different course of action. An unchecked assumption for leeway in adherence to policy or protocol is an unnecessary risk. Clinical Sequence A 56-year-old male was admitted for surgical repair of multiple facial fractures suffered when a basketball backboard fell on his head. Following surgery,...
Medical Director for a Skilled Nursing Facility? Some Points to Consider…
Originally Published February 2012 in The Exchange - Issue 1 It is common for physicians to act as medical directors for skilled nursing facilities (SNF), particularly when physicians have a large number of patients in residence at a facility. Physicians may erroneously believe that their liability exposure as medical director will be low if a claim for substandard care is brought against the SNF. Recently, MIEC has seen an increase in the number of lawsuits in which a physician is named as a defendant being sued in his/her capacity as a treating physician and as medical director of a SNF....