Finally, civil enforcement under EMTALA via lawsuits has expanded the liability of hospitals, since the hospital is directly liable for any patient harm caused by violations of the law by the hospital’s staff or by the responsible physicians—the emergency physician and/or on-call physician. Furthermore, plaintiff’s attorneys have learned how to use EMTALA to circumvent state tort reform protections and even the damages caps in some states.
The Future
Now, we look to the future of EMTALA and the influence it has on our practice.
Yes, EMTALA contributed to crowding, boarding, lack of specialty coverage, increased transfers, and governmental insertion into the practice of medicine, and it poses a giant unfunded mandate on emergency providers.
However, it unquestionably saves lives. It affirms the unique and venerable role of the specialty of emergency medicine as the safety net of the U.S. health care system. ACEP should be proud of its 50 years advocating for patient access to emergency care, and EMTALA has profoundly facilitated that mission.
Dr. Bitterman is president of Bitterman Health Law Consulting Group, Inc. in Harbor Springs, Michigan. He defends hospitals and physicians accused of EMTALA violations in court.
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One Response to “EMTALA: The Law That Forever Changed the Practice of EM”
March 14, 2020
ChristineEmtala MUST BE lifted nationwide during this national crisis of the WIHAN VIRUS aka corona virus. We find ourselves treating and occupying beds for patients who do not warrant to be i. The Emergency and can be easily treated by the medical physician.
Overall Emtala should be reviewed and regulations revised. Countless patients use the emergency room for regular doctor visit issues. Non emergent patients are hindering for care for patients who really warrant to be in ER.
Please lift this regulations in order for emergency room to work efficiently during this imminent crisis.