Question
A hospital represented by your firm is concerned that they may be liable for an EMTALA violation. Here are the facts: The hospital is a
A hospital represented by your firm is concerned that they may be liable for an EMTALA violation. Here are the facts: The hospital is a large facility with a Level 1 Trauma Center that is licensed by the state to provide emergency services. About two weeks ago, during a busy Friday night, medical staff noticed an individual sitting on a bench directly outside the main doors of the Emergency Department. The man was holding a towel around his left hand that appeared to be soaked in blood. The man appeared to be in pain, but was sitting upright and not in immediate signs of medical distress. The staff initially thought that he might be sitting on the bench just waiting for a family member to walk in with him. After about an hour or periodically looking at him through the glass doors, they noticed he was gone. About a week later, they get a letter from the Office of the Inspector General, Department of Health and Human Services stating that they were being investigated for failing to treat the man. What is the hospital's potential liability for an EMTALA violation? Does the law apply in this case? Thoroughly apply the facts of the case to each requirement of the law. Discuss how the facts apply or do not apply to each part of EMTALA. Explain and defend your answer completely.
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