Followingthe various provisions by EMTALA, DR. Jones violated one of the majorrules passed by Congress. The Community Center has a well-laidprotocol that instructs that if a grownup patient complains of aheadache and he/she does not appear to be intoxicated, the person hasa right to be given a computer tomography (CT) scan of the headimmediately. Regardless of the protocol being a standard practice forall the medical doctors at Community, offering a CT to patients withsimilar symptoms as Grant is a conventional method for the varioushospitals in the region bordering the Community General Hospital.
Dr.Jones failed to inform Grant of the CT scan solely because the HMOdecision would mean that the Community General Hospital would incurthe cost of the scan. Dr. Jones turned down to perform the CT scan infear that Grant would not afford to pay for the CT scan since hermedical insurance ruled out to pay for the scan. With regard toEMTALA useful standards, a hospital must “uniformly apply itsstandard screening procedure for all patients with the same medicalcondition.” (Harris,2014)The standard specifies that for a common medical condition withinCommunity’s facilities, the hospital is bound by law to offerappropriate medical examination. In our case, the proper medicalexamination was a CT scan since the hospital defines the protocol,which is additionally legally bound by the EMTALA. Additionally, theKaiser Patient-Dumping case could become a plausible solution in manyfronts including both legal and ethical facets. It looks oninstituting and implementing new rules for paying fines, discharginghomeless patients and making charitable contributions in settlingallegations that would help discharge homeless patients illegally.
Grant’sattorney can demonstrate to a federal court that Community failed tofulfill the legal binding between EMTALA and the hospital since thedoctor in charge, Dr. Jones failed to mention a CT scan to a leavingpatient since the medical insurance of the patient failed to pay upfor the CT scan. More so, the failure to disclose that CT informationand cost by Dr. Jones contributed to the death of the patient, moreso because the patient would have paid for the CT scan using hercredit card.
Harris,D. M. (2014). Contemporaryissues in healthcare law & ethics.