Question

You have arrived at the emergency department of the only hospital in your community. The next hospital is 50 miles away. Your patient is in labor. A nurse comes into the ambulance bay before you unload the patient and tells you that you need to take the patient to the larger​ hospital, 50 miles​ away, where they have an obstetrician on duty. The nurse tells you she is NOT going to accept the patient in the emergency department. The nurse and the hospital could be subject to legal action under which of the following​ laws?

A.
The Affordable Care Act
B.
EMTALA
C.
The Ryan White CARE Act
D.
HIPAA

Answer 1

The nurse and the hospital could be subject to legal action under the Emergency Medical Treatment and Labor Act (EMTALA) if they refuse to accept a patient in the emergency department.

Step-by-step explanation:

The nurse and the hospital could be subject to legal action under the Emergency Medical Treatment and Labor Act (EMTALA) which requires hospitals to provide emergency medical care to individuals, including pregnant women, regardless of their ability to pay. This law was enacted to prevent patient dumping and ensure that individuals receive the necessary medical care in emergency situations. The nurse's refusal to accept the patient in the emergency department and redirecting them to another hospital without proper evaluation and stabilization could violate the EMTALA law.