What’s New in Health Law

New Cases

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Another Court Rules That EMTALA Is not a Federal Malpractice Statute

A federal appellate court affirmed the dismissal of a patient’s EMTALA claim against a hospital following a misdiagnosis in the emergency room. The patient argued that the ED physician should have obtained advice from the on-call surgeon, consulted another physician and reviewed medical literature. The patient also argued that the fact that she was misdiagnosed meant that her medical screening exam was not reasonable. The court disagreed, stating that an EMTALA claim requires evidence that the screening exam was different from that given to other patients, that the hospital failed to follow its own screening procedures, or that the screening was so cursory it should not amount to a screening at all. Since the patient did not argue any of these, she has failed to state a viable claim.
Cervantes v. El Paso Healthcare Sys.

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Our hospital recently received a request from a former Medical Staff member for a complete copy of his credentials and peer review files.  The files are thick – he had a fair number of clinical and behavioral concerns while on our staff.  Are we required to provide the copies as requested?
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