White Paper

4 Pages
  • 4 Pages

The On-Call Physician's Liability for Failing to Respond to Emergency Room Call

 

Failure to respond is a violation of the EMTALA.

On-call physicians may not realize their potential exposure if they fail or decline to respond to a call from the hospital’s emergency department. Failure to respond is a violation of the Emergency Treatment and Active Labor Act (“EMTALA”) that may expose the physician to a $50,000 fine and exclusion from Medicare or Medicaid as well as contract liability. It may also expose the hospital to a fine of $50,000 and a lawsuit by the relevant patient or a hospital that receives an improper transfer.

Agenda

Faculty

Kim C. Stanger

Kim C. Stanger

Holland & Hart LLP

  • Partner in the office of Holland & Hart LLP
  • Practice emphasizes all aspects of health law, including regulatory compliance, risk management, health care transactions, and defense of individual and institutional providers in administrative and civil litigation
  • Frequent speaker at local, regional and national conferences for health care providers, and the principal presenter of the firm’s monthly health law webinar series
  • Frequent author on health law related topics, including national publications and the firm’s regular health law alerts
  • Adjunct professor, Health Law, Boise State University
  • Member of the American Health Lawyers Association and the American Bar Association Health Law Section
  • Best Lawyers in America—Health Law since 2011; Lawyer of the Year—Health Law, 2014
  • J.D. and B.A. degrees, Brigham Young University
  • Can be contacted at 208-383-3913 or [email protected]

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