EMTALA applies when someone goes to a hospital emergency room and is in an emergency medical condition and either asks for an exam or for medical treatment their medical condition. EMTALA also applies if another person makes a request for medical treatment on another person’s behalf. The hospital emergency room has to provide treatment to the patient so that they are stabilized, the patient can then be transferred or so that the condition is treated. Failure to follow the EMTLA law will result in EMTALA violations.
An emergency medical condition as defined by EMTALA includes the following:
- Serious impairment to bodily function
- Significant dysfunction of a bodily organ
- Dysfunction of a body part
- Jeopardizing the health of a pregnant woman or unborn child
Filing an EMTALA Violation:
- A formal complaint of an EMTALA violation is filed with the regional office of the Centers for Medicare and Medicaid Services (CMS). Once the complaint is filed with CMS, the complaint will be investigated. CMS usually sends investigators to the hospital to review the hospital’s procedures and policies in order to determine whether they show any EMTALA violations. If proof of an EMTALA violation is found, the hospital will be penalized
EMTALA Penalties for EMTALA Violations:
- If a hospital does not follow the legal requirements of EMTALA, the hospital is subject to a fine. The amount of the fine can equal $ 50,000 per violation if the hospital has more than one hundred beds
If you or someone you know has been injured due to an Ohio medical malpractice, contact our Toledo, Ohio personal injury lawyers to set up a free case evaluation.