Thirty years ago, President Ronald Reagan signed into law expanded protections for those seeking emergency medical treatment with limited means to afford medical treatment. That federal statute, the Emergency Medical Treatment and Labor Act of 1986 (EMTALA), is now gaining acceptance as a means to add a potent federal claim to state law-based medical malpractice claims.
EMTALA is limited to medical treatment in a hospital emergency department but it imposes directly on hospitals two very important obligations: first, to provide a medical screening exam to anyone, regardless of ability to pay, who comes to the ER with an emergent medical condition; and two, to stabilize any patient with an emergent medical condition before discharge or transfer to another facility.
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