WHAT EMTALA VIOLATIONS MEAN FOR HOSPITALS IN PENNSYLVANIA
In a nutshell, the EMTALA provides that any hospital taking part in Medicare cannot deny medical care regardless of the patient’s ability or inability to pay. Under the Emergency Medical Treatment and Active Labor Act, even if a patient does not carry insurance or is unable to pay for medical treatment, he or she must be at least stabilized before being discharged from the hospital.
In fact, there are harsh fines and penalties for violations of EMTALA. Our Philadelphia patient dumping lawyer says that hospitals that “dump” patients for their inability to pay can lose Medicare funding, which provides millions of dollars in revenue annually for most hospitals in our country.
Under the EMTALA, a hospital must conduct appropriate medical screening and testing to assess your medical condition regardless of your ability to pay. If the screening exam reveals a medical emergency condition, the hospital does not have the right to deny medical care. Instead, that hospital is required by the EMTALA to provide stabilizing treatment or ensure an appropriate transfer to another hospital or medical facility unless there is a risk that the transfer can negatively affect the patient’s condition.
As for the penalties, if a hospital has more than 100 beds, it will be required to pay a $100,000 fine for EMTALA violations. If a hospital has less than 100 beds, it will be required to pay a fine of around $50,000. If you were treated by a doctor and a patient-physician relationship was established before the hospital “dumped” you, you may be able to sue that doctor and hospital for medical malpractice.
Let our medical malpractice attorneys from The Weitz Firm, LLC, evaluate your case and help you get justice and recover damages. Contact our law firm to schedule a free consultation.
