Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of constipation, rectal bleeding, decreased appetite, and lethargy increasing over the several weeks. After assessment, Ms. A was admitted to the telemetry unit with the diagnosis of "Acute Liver Failure." Upon admission and discussing the plan of care, Ms. A’s son and daughter-in-law were informed Doctors Hospital of Riverside does not currently have an employed gastroenterologist though the admitting physician recommended an EGD to find and repair any potential bleeding. Overnight, Ms. A’s health declined, she was admitted to ICU, transferred to another hospital, and ultimately expired.

2 Lawyer Answers

A: This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in critical procedures. An EMTALA violation may arise if the hospital failed to provide necessary stabilizing treatment or an appropriate transfer for Ms. A's emergency medical condition. Consulting an attorney specializing in healthcare law can help assess the specific facts and determine the appropriate legal course of action.

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Answered

A: It sounds like you're dealing with a very difficult situation, and I'm sorry for your loss. Determining whether this is medical malpractice or an EMTALA violation depends on the specifics of the care provided and the hospital’s legal responsibilities under the circumstances. Both areas of law involve different duties and obligations.

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, leading to harm. In this case, you’d need to evaluate whether the care team failed to meet these standards, particularly regarding timely diagnosis, treatment, or appropriate transfer. The lack of a procedure like an EGD, as recommended, could raise questions about whether the delay or omission worsened the condition. However, proving malpractice requires expert analysis of whether the actions or omissions directly caused harm or death.

An EMTALA violation, on the other hand, involves failure to provide a medical screening or stabilize a patient with an emergency condition before transferring them to another facility. If the hospital didn’t provide the necessary care to stabilize your loved one or transferred them improperly, it may constitute a violation. Reviewing the medical records, transfer documentation, and the hospital’s policies will help determine whether EMTALA obligations were met.

You should consider consulting an attorney experienced in healthcare law to review the facts of your case. They can guide you on how to proceed based on the evidence and applicable legal standards. This is a complex matter, and having someone knowledgeable by your side can help clarify your options.

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