Healthcare Law

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The Right to Emergency Care Including the Needs of the Psychiatric Patient

The Emergency Medical Treatment and Labor Act came about in 1986, but was sought after as far back as the 1960s. This law requires emergency care to individuals regardless of ability to pay. EMTALA requires examination and treatment of individuals who present with an emergency medical condition and/or women who present in labor. This law is applicable to all hospitals that participate in the federal Medicare program. EMTALA should not be confused with medical malpractice law. EMTALA also applies to individuals who present with acute symptoms of psychiatric illness and/or substance abuse.

The Right to Emergency Care Including the Needs of the Psychiatric Patient
The Emergency Medical Treatment and Labor Act (EMTALA) requires access to emergency care regardless of an individual’s ability to pay. EMTALA may also be known as the Anti-Patient Dumping Statute. Regardless of the lack of duty to admit or serve all who present for treatment, a hospital emergency department is an exception to the rule (Showalter, 2015). A hospital emergency department has a duty to “evaluate all patients who present for service and to render emergency care to those who need it” (Showalter, 2015). The need for EMTALA was starting to be recognized in the 1960s (Showalter, 2015). According to Showalter in his text, EMTALA was developed with the “philosophy that healthcare at the time of an emergency is a moral right and must be provided regardless of the patient’s ability to pay” (2015).
The Emergency Act (EMTALA) was passed in 1986 due to increased concerns over the availability of emergency health care services to the poor and underinsured (Garan, 2015). Several cases identify and describe the need and history of EMTALA. From…...

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Healthcare Policy Law and Ethics the Feeding Tube the provision of health care. It enumerates several rights that a patient is entitled to before, during and after getting treatment. While this document is not law; it is very important in ensuring that all activities towards a patient’s health are carried out with consideration for their values and dignity (Maryland Hospital, 2011). The patient’s bill of right gives June several privileges as a patient concerning her treatment. First, she can make her own decisions, pertaining to the plan of care before and during treatment. Initially June accepted the placement of the feeding tube thereby accepting the doctor’s plan of medical care, after being informed that the reason for placing the feeding tube was to save her life since she was severely anorexic. When she later refused the recommended treatment, she should be considered incompetent to make the decisions. She was disoriented and combative which brings in the second patient right. The patient bill of rights stipulates that a patient has the right to designate an individual such as a healthcare proxy, durable power of attorney for healthcare or a living will. According to Maryland Hospital (2011), a patient would exercise this right with the expectation that the hospital will respect the decisions made by his directive to the extent allowed by law and hospital policy.  June’s closest family members are her parents and her ex-husband. Established medical customs allows the doctors to turn to the......

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The Law and Healthcare Adm

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Law and Healthcare

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