The patient’s family members reviewed her case with a law firm, and a lawsuit was filed. The physician who was sued was the ED doctor from the regional medical center where the patient was transferred. Recall that this physician (Dr H), spoke with the sending doctor via phone, and recommended that the patient be transferred to an academic medical center. After a series of phone calls, the patient was ultimately accepted to Dr H’s facility.
The lawsuit alleged that Dr. H violated EMTALA by refusing to accept the transfer of the patient. It also alleged that he was medically negligent by failing to accept the transfer. The allegations are described below by the defendant’s attorney.
The defendant’s response to these allegations is shown below. The response cites multiple other medical malpractice cases that support their points. The allegations in regards to EMTALA are addressed first.
The negligence claim against the doctor is addressed next.
Do you find these arguments to be persuasive? We’ll see the depositions in the next post, and then the court’s decision.