Question

Under what circumstances does a hospital have a duty to provide emergency services to the public? Provide examples from the reading and from sources found through research beyond the assigned reading. Always cite your sources and include intext citations.

End your discussion with a question or two for your classmates.

Answer 1

Hospitals duty to provide emergency medical care:

Prior to the passing of the emergency medical treatment and active labour act by congress in 1986, Private hospital emergency rooms could turn out patients even if they were in desperate need of medical treatment. This culture was becoming popular and the term patient dumping to the public hospitals became popular and public hospitals were becoming overcrowded.

This act passed by congress applies to all 50 states of US. And not only Emergency Room but other facilities like urgent care facilities outpatient surgery centres even ambulances are included in this act for providing urgent emergency care services to the patients who are in need of it.

This act applies to the patient with emergency medical conditions which are define the conditions that manifests acute symptoms of sufficient severity that are expected to result in:

1. The health of person being in serious jeopardy,

2. A serious impairment of body functions, or

3. Serious dysfunctioning of any body organ.

It also includes pregnant woman having contractions. Also the act requires the hospitals to provide the same care to US citizens, legal immigrants and illegal immigrants.

The source of this information is from the emergency medical treatment and active labour Act, 1986.

Example : if a person has met with an accident which has caused his head to bleed so much that the brain is getting affected with the blood loss. In this case any private hospital Emergency Room or any other facility cannot say no to help the patient immediately and cannot transfer it to any other Hospital. This is the requirement of this act.

Questions for classmates:

If any illegal immigrant is seriously injured what is the responsibility of the hospitals?