Tag Archives: EMTALA

Federal Judge Blocks Idaho from Enforcing Abortion Ban in Emergencies

By Amy Fouts, Gregory Tanner and Claire Bass on September 1, 2022 Posted in Post-Dodds

On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022. As previously reported, the U.S. Department of Justice (DOJ) filed suit on Aug. 2 against the state of Idaho, … Continue Reading

DOJ Alleges Idaho Abortion Law Violates EMTALA

By Amy Fouts, Claire Bass and Gregory Tanner on August 4, 2022 Posted in Healthcare

On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor Act of 1986 (EMTALA). Under EMTALA, a hospital that receives Medicare funds must provide treatment … Continue Reading

EMTALA Laboring Along 30 Years Later

By Robert M. Wolin on May 16, 2017 Posted in Uncategorized

The Emergency Medical Treatment and Active Labor Act (EMTALA), despite being enacted more than 30 years ago, has produced a case examining the applicability of malpractice damages limitations that bears watching. In Scott v. Ruston Louisiana Hospital Company, the court examined whether state medical malpractice caps are applicable to an EMTALA case. A young patient … Continue Reading

Obligations During the Ebola Crisis: Ethical and Practical Considerations

By Robert M. Wolin on October 31, 2014 Posted in Uncategorized

Providers and health professionals face many challenges in the shifting sands of the Ebola response, including the extent of their duties to each other and their patients and their obligations under a myriad of laws, including OSHA, ADA, FMLA, EMTALA, Title VII and similar state laws. For example, can a hospital require a nurse or … Continue Reading