Patient dumping claims arise under EMTALA where a hospital failed to provide an appropriate medical screening examination, failed to stabilize an emergency condition, or transferred an unstabilized patient without satisfying the statutory transfer requirements.
The statute creates a private right of action for personal harm.
Alternative Names:
EMTALA Claim, Anti-Dumping Claim
Why it Matters?
The disparate screening theory is the productive defense focus, because EMTALA requires uniform application of the hospital's own screening protocol rather than competent screening. A hospital that applied its standard protocol has satisfied the statute even if the screening was negligent, which channels the claim to state malpractice law with its procedural prerequisites and caps. Establishing what the protocol required and that it was followed is the analysis.
Frequently Confused with
Related terms
Frequently asked questions
What is the disparate screening theory?
Does negligent screening violate EMTALA?
