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Medical Malpractice Claim or EMTALA Violation?
When a patient enters a hospital emergency room, there is always the possibility that he will be unsatisfied with the care he receives, justifiably or not. The patient might then bring a state-law medical malpractice action, but he might also seek to recover damages for violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. ' 1395dd.
EMTALA was enacted to prevent the practice of “patient dumping,” where an emergency medical facility refuses to treat a patient, generally because he is unlikely to be able to pay for services rendered. It provides that when a patient presents at a covered hospital with an emergent condition (as defined by ' 1395dd(e)(1)), the facility must adequately screen him to evaluate his condition (' 1395dd(a)) and transfer him to a more appropriate place for treatment or discharge him only after properly stabilizing his condition
(' 1395dd(b)).
An EMTALA cause of action will not succeed if the gravamen of the plaintiff's claim is simply that the diagnosis or treatment rendered were substandard ' such complaints must be brought as medical malpractice actions. There must be proof of something more, and a failure to screen adequately is one such thing. But what constitutes an “adequate” screening, and how can a plaintiff show that the screening he or she received fell short?
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