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EMTALA Violated
In Burditt v. U.S. Department of Health and Human Services 25 EMTALA was violated by a physician when he ordered a woman with dangerously high blood pressure (210/130) and in active labor with ruptured membranes transferred from the emergency department of one hospital to another hospital miles away. The physician was assessed a penalty of 520, 000 . Dr. Louis Sullivan, secretary of DHHS at that time, issued a statement: This decision sends a message to physicians everywhere that they need to provide quality care to everyone in need of emergency treatment who comes to a hospital. This is a significant opinion and we are pleased with the result With the duty of care defined in EMTALAMedicare-participating hospitals must provide a medical screening exam to any individual who enters the emergency department and requests examination or treatment for a medical conditionIf the hospital determines that an individual has a medical emergency, it must then stabilize the condition or provide for an appropriate transfer to another medical facility. The hospital is obligated to provide these services regardless of the individual's ability to pay and without delay to inquire about the individual's method of payment or insurance status
Those ED physicians who do not wish to treat all patients of their choosing should vote with their feet and work in those settings where they can choose who they treat
Ethical and Legal Issues
What are the main issues in this case? What ethical theories principles, and values are of concern? Describe them
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