Assignment: Using the Emergency Medical Treatment and Labor Act (EMTALA) as a resource, provide one example of a safe and legal emergency department transfer/discharge and one example of a concerning and potentially illegal emergency department transfer. Explain, in detail, each of the two situations and the safety and legal implications of these health care transitions for both the patient and the facility or facilities involved. Support your answer with a minimum of two APRN peer-reviewed resources

Assignment: Using the Emergency Medical Treatment and Labor Act (EMTALA) as a resource, provide one example of a safe and legal emergency department transfer/discharge and one example of a concerning and potentially illegal emergency department transfer. Explain, in detail, each of the two situations and the safety and legal implications of these health care transitions for both the patient and the facility or facilities involved. Support your answer with a minimum of two APRN peer-reviewed resources

Assignment: Using the Emergency Medical Treatment and Labor Act (EMTALA) as a resource, provide one example of a safe and legal emergency department transfer/discharge and one example of a concerning and potentially illegal emergency department transfer. Explain, in detail, each of the two situations and the safety and legal implications of these health care transitions for both the patient and the facility or facilities involved. Support your answer with a minimum of two APRN peer-reviewed resources

Using the Emergency Medical Treatment and Labor Act (EMTALA) as a resource, provide one example of a safe and legal emergency department transfer/discharge and one example of a concerning and potentially illegal emergency department transfer. Explain, in detail, each of the two situations and the safety and legal implications of these health care transitions for both the patient and the facility or facilities involved. Support your answer with a minimum of two APRN peer-reviewed resources.

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Emergency Medical Treatment and Labor Act (EMTALA)

            EMTALA is a statutory law passed by the federal government of the U.S.A in 1986 under the penal code 1867 of the Social Security Act, 42 U.S.C. The law advocates for providing emergency medical services to any individual who presents to Medicare-participating hospitals, irrespective of their ability to pay the hospital bills (Veenema et al., 2021). It also regulates the transfer of patients within the hospital or between different hospitals.

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            An example of a safe and legal emergency department transfer/discharge involves a patient presenting to the E.D. with a deep cut on the leg sustained after a minor motorcycle accident. The nurses thoroughly assess the patient to identify any other bleeding sites and find none. The vitals are assessed, and they appear normal. Tight pressure is applied to the injured site to arrest bleeding. An IV line is inserted, and fluids are kept running before the patient is wheeled to the ward for admission and further monitoring. The patient, thus, receives appropriate and immediate care needed promptly. The patient is stabilized first before being admitted. The hospital strictly complies with the EMTALA protocol of providing the necessary treatment and ensuring that the patient is first stabilized (Veenema et al., 2021).

            An example of a concerning and potentially illegal emergency department transfer involves a patient presenting to the E.D. of a hospital in severe respiratory distress due to a stabbed chest wound. The physician on call holds the patient for a while since the patient is not insured. Improper screening and assessment are conducted on the patient. The patient’s vital signs start to deteriorate and goes into cardiac arrest. The hospital does not have the necessary resuscitation equipment, and the patient must be transferred to a nearby facility. The condition of the patient worsens rapidly due to delays in timely interventions. The hospital is underequipped and thus cannot provide certain critical services (Dobbins, 2019). The hospital can thus face legal consequences for allowing the patient’s condition to worsen and making an impromptu transfer according to EMTALA.

References

Dobbins, A. B. (2019). Are We Failing the Homeless and Uninsured Trauma Patient? An Exploration in the Nurse Practitioner Role in Trauma, and Identification of Disparity in Treatment and Barriers to Follow-up for the Acutely Injured (Doctoral dissertation, University of Kansas). http://hdl.handle.net/1808/30150

Veenema, T. G., Lavin, R. P., Thornton, C. P., Schneider-Firestone, S., & Seal, S. (2021). Alignment of nurse practitioner educational preparation and scope of practice in United States emergency departments: A systematic review of the literature. Journal of Emergency Nursing, 47(4), 563-581. https://doi.org/10.1016/j.jen.2021.04.005

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