Exit this survey Newsletter July 2016 Question Title * 1. In your opinion did EP-2 give EP-1 appropriate clinical advice? Yes No Question Title * 2. In your opinion did EP-2 inadvertently violate EMTALA? Yes No Question Title * 3. How do you guess the case resolved?A motion for summary judgment was filed on behalf of EP-2 and Hospital-2 to have the case dismissed. This was based on the following three arguments. 1. There was no deviation from the standard of care in that a doctor patient relationship was not established between EP-2 and the patient at Hospital-1. There was no evidence to support that EP-2 had a duty and therefore there could be no breach. 2. That EMTALA does not authorize a private cause of action against an individual physician. 3. That Hospital-2 is not liable for an EMTALA violation as a result of EP-2’s actions, because EP-2 did not refuse the transfer and there is no evidence to support that EP-2 refused the transfer. The court found for the plaintiff and allowed the case to go forward to trial. EP-2 and Hospital-2 subsequently settled. The court found for EP-2 and Hospital-2 and the case was dismissed. Question Title * 4. Please provide the following information so we can locate you in the event you win. Name: Primary site: Email Address: Phone Number: Done
