Slave Labor and Liability?
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| The burdens of EMTALA have been well documented since the enactment of
the Federal law which requires the medical stabilization of patients
presenting at a hospital's emergency room before any transfer. Given the
expansive interpretation of EMTALA's mandates and the harsh penalties
imposed for EMTALA violations, there has been significant discussion and
great effort undertaken to educate hospitals and develop mechanisms to
assure compliance. Nevertheless, the actual daily and nightly responsibility
for carrying out the duties necessary has been the burden of physicians,
which includes the ER physicians and particularly on-call physician
specialists.
The tension between hospitals and physicians over the imposition of EMTALA responsibility has only increased as a result of concerns about medical liability and a continued emphasis on medical specialization. More than the debate over free service is at issue. Aside from the challenges faced by individual physicians and physician practices, the issue has also become a very divisive matter not only between physicians and hospitals, but also within organized medical staffs. |