Do State Med Mal Caps Apply to EMTALA Cases?

State limitations on medical malpractice recoveries seem to be under almost daily attack.  The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling that an Emergency Medical Treatment & Labor Act (EMTALA) claim is subject to the La. …

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EMTALA Plaintiff Trips Over State Law Requirement

If you bring a case in federal court alleging violation of federal law, you might assume that you needn’t be concerned with procedural requirements of state law.  But you could be wrong.  Just ask Cynthia Glaskox. Cynthia filed suit against George County Hospital for violating EMTALA by transferring her to …

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Patient Dumps Can be Costly (But Cheaper than Missing Signature under Stark)

Continuing an accelerating series of EMTALA investigations and settlements in 2014 and this year, a Newton, Kansas hospital has agreed to pay $45,000 to settle allegations by the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services that it violated the Emergency Medical …

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CMS Soliciting Comments on EMTALA’s Applicability to Hospital Inpatients

CMS recently issued an advanced notice of proposed rulemaking (ANPRM) requesting comments on whether it should reexamine its policies regarding the applicability of the Emergency Medical Treatment and Labor Act (EMTALA) to hospital inpatients, as well as to hospitals with specialized capabilities to accept a …

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