Arguments Against EMTALA Violations

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DeTar Hospital Memo To: Chief Executive Officer From: Compliance Officer(Ethel Carew) cc: Date: December 10, 2014 Re: EMTALA Violation Due to the unfortunate incident that happened recently and resulted in EMTALA violations by a DeTar Emergency Department Staff, it in of grave importance that DeTar Hospital develop policies and procedures that will eradicate deficient practices promptly and put in place sustainable solutions to prevent a reoccurrence. Results of the preliminary investigations are indicative of both systemic and discrete failures, the most prominent being in regards to:  Non Compliance with the certification requirement.  Inappropriate transfer.  Failure to follow up.  On Call Physicians. Though the Hospital already has several policies and procedures in place, a revision of the current policy regarding certain aspect needs to be done. The following memo summarizes how DeTar can prevent EMTALA violations from re-occurring. Contractual responsibility of On-Call Physicians One of Dr. Burditt arguments was that he was technically not ‘under contract’ with DeTar hospital, even though the opposite is true. …show more content…

Though seems that some of the ED staff (Herman) are knowledgeable about EMTALA regulation and its violations, it might be possible that some of them are not familiar with current EMTALA policies and procedures instead, deferring to “the way things have always been done," or just flagrantly ignore them as in Dr. Burditt’s case. Once physicians and staff understand the requirements and the potential repercussions for non-compliance with EMTALA, they tend to be more vigilant in following those procedures and reporting incidents of non-compliance to the compliance department. The following steps are therefore recommended for education and re-evaluation of ED

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