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The Growing Civil Litigation Against Hospitals under EMTALA
Program Code:
SA-09
Date:
Saturday, October 24, 2009
Time:
1:15 PM to 2:15 PM
EST
PRESENTER
:
Robert Bitterman,
MD, JD, FACEP, President,
Bitterman Health Law Consulting Group, Inc.
Dr. Bitterman practiced emergency medicine for over 30 years. Currently, he runs a healthcare law and consulting firm based in Harbor Springs, MI, specializing in the federal laws governing hospital based emergency services (EMTALA), emergency medicine risk management, liability/insurance issues, and regulatory compliance issues. He is Chairman of the Board of Governors of 'EPIC' - Emergency Physicians Insurance Company, a medical liability insurance carrier chartered in Nevada. He is also currently chairman of ACEP's Medical Legal Committee. Dr. Bitterman writes and speaks extensively on EM and hospital risk management issues.
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Description
Civil liability of hospitals sued under EMTALA for actions of its emergency physician and on-call physicians is expanding. Issues related to medical screening examinations, stabilizing treatment, transfers, discharges and interactions with on-call physicians are outlined in this session. Liability for accepting or rejecting transfers are discussed, as are plaintiff’s attorney use of EMTALA to avoid state tort reform laws. Case law highlights the pitfalls hospitals face related to litigation under EMTALA.
LEARNER OUTCOMES:
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Avoid civil liability under EMTALA by educating staff and carefully drafting policies & procedures.
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Recognize how plaintiffs are circumventing state tort reform by suing the hospital under EMTALA.
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Understand the various civil claims plaintiffs can bring against hospitals under federal law-EMTALA.