What’s New in Health Law

EMTALA

The United States District Court for the District of Kansas denied a hospital’s motion to dismiss a patient’s Emergency Medical Treatment and Active Labor Act (“EMTALA”) claim. The patient presented to the hospital in labor, was discharged after five hours, then gave birth less than two hours later at home, with the help of EMS personnel. The patient alleged that the hospital failed properly to screen and stabilize her. The court held that the patient’s claims were enough to survive the hospital’s motion to dismiss. The patient’s family members also brought suit under EMTALA, pro se, claiming they experienced emotional distress based on their observation of the patient’s treatment. The court held that family members lack standing to assert such claims under EMTALA and granted the hospital’s motion to dismiss. Of note is the court’s “observation about an increasing trend among litigants…preferring to file motions to strike an opposing party’s submission instead of simply filing a response…. It is a perplexing trend. This practice needlessly multiplies the motions that the court must rule, clogs the court’s docket, and wastes judicial resources.”

Palmer v. Shawnee Mission Med. Ctr., Inc.

Check out this case and more on our What’s New page.

Question of the Week


An applicant answered “no” in response to a question on our application as to whether he ever resigned clinical privileges while under or in return for not conducting an investigation.  There was a report in the NPDB from another hospital stating that he surrendered privileges while under investigation.  We advised him that pursuant to our credentialing policy, processing of his application would stop.  His lawyer has written a letter stating that he was filing suit against that hospital based on allegations that the investigation was initiated in retaliation for whistleblowing and that it is unfair to stop processing the application.  Must we process the application?

Read the answer>>

 

Our GRAND ROUNDS 2018 Audio Conference Series Schedule has been posted.  Check it out!

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