"Patient-Dumping" Law Continually Violated By South Florida Hospitals
Most commonly known as the "Patient-Dumping" Law, the Emergency Medical Treatment and Active Labor Act (EMTALA) is a statute which governs when a patient may be (1) refused treatment or (2) transferred from one hospital to another when in an unstable medical condition.
Under the statue, hospitals are obligated to treat patients whose medical condition is acute enough to where they require immediate medical attention. As such, the hospital may not turn the patient away. Also, under some circumstances, the patient may not be transferred to another facility.
South Florida hospitals have continually violated this statute, often due to a shortage of specialists available to handle emergencies. Just last year, Palms West Hospital and St. Mary's Medical Center in Palm Beach County agreed to pay money for failing to treat a child whose brain was bleeding after being hit by a softball.
In 2007, the Palm Beach Post reported that a patient had died after being transported from Palms West Hospital because they did not have a gastroenterologist available to treat him.
South Florida is not the only place where Patient Dumping is a problem. Just last week, a California hospital settled for $1.6 million dollars with the LA City Attorney after improperly discharging psychiatric patients to a homeless shelter.
Given the economic environment hospitals are currently operating in, stories like these will become commonplace. Now more than ever, patients should be aware of their rights when visiting a hospital emergency room.
As always, all questions a comments are welcome. You can contact the author directly at AWerner@fortheinjured.com.
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