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7th Circuit rules in favor of hospital in EMTALA violation suit

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The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.

When Melissa Welch was 34 weeks pregnant, she called 911 because she had begun labor. The Wishard ambulance dispatched consulted with a nurse at Welch’s obstetrician’s office and agreed she needed to go to the nearest hospital, which was St. Francis Beech Grove. That hospital did not have an obstetrics facility, so Welch was examined at Beech Grove but then sent to St. Francis Hospital South in the Wishard ambulance. There she gave birth to her son Joshua Beller, by Caesarean section. He suffered hypoxia resulting in severe brain damage.

Welch brought suit on behalf of her son claiming Wishard violated the EMTALA by transferring her son to Beech Grove instead of delivering him at that hospital and that resulted in his permanent injuries.

At issue is whether Welch and her son had “come to the emergency room” of Wishard Memorial Hospital when they were transported in the ambulance. The 2001 definition in effect at the time of the delivery was later amended in 2003. Both parties agree that if the 2003 definition is considered applicable because it is retroactive as it is just a clarification of the 2001 rule, then Welch and her son would not have “come to the emergency room” of Wishard and their claim can’t proceed.

The District Court held the amended definition was a clarification that applied retroactively and granted summary judgment to the defendants. The 7th Circuit agreed in Joshua Beller, a minor, by his next friend and mother, Melissa Welch, et al. v. Health and Hospital Corp. of Marion County Ind., d/b/a Wishard Memorial Hospital d/b/a Wishard Ambulance Service, 11-3691.

“There is nothing inconsistent in the 2003 and 2001 definitions. The two are consistent in holding that an individual will be deemed to have come to the emergency department if that person is in an ambulance owned and operated by the hospital. The 2003 definition merely provided guidance as to what it means for an ambulance to be ‘operated by’ a hospital,” Judge Ilana Diamond Rovner wrote.

“The district court properly held that the 2003 amendment is a clarification, which therefore applies in interpreting the meaning of the 2001 language. Because the Wishard ambulance was operating under the EMS protocol at the time the plaintiffs were in it, the plaintiffs had not come to the Wishard emergency department under the EMTALA, and the plaintiffs’ claim cannot succeed.”

 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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