Question: Please help me reply back to this discussion post with agreeing and/or adding additional information...Thank you! What is the common law's traditional viewpoint concerning a
Please help me reply back to this discussion post with agreeing and/or adding additional information...Thank you!
What is the common law's traditional viewpoint concerning a bystander's duty to come to the aid of a person in need? How, if at all, is that duty different today? How might it differ depending on who the bystander is? Describe a hospital's duty to a person who comes to the emergency department requesting treatment. Is this duty the same if the person is indigent?
An individual has no common-law duty to aid another person, even in an emergency, which still holds true today. [3] The no duty to rescue doctrine applied even when the potential rescuer had the ability, equipment, and expertise to render effective medical assistance.[2] Once an individual began helping another, however, common law imposed a duty to do so reasonably. [2] Bystanders could be held liable for any unreasonable actions that furthered the victim's suffering. [2]
Contrasting with the common-law rule, those in a public first responder capacity (police officers, fire department personnel, emergency medical technicians, and other similar public employees) have a duty to aid victims of accidents or other emergencies. [3] These individuals may be immune from personal liability because in rendering care, they are performing a discretionary act that requires personal decision and judgment. [3]
In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay (indigent, etc.). [1] Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor. [1] Hospitals are then required to provide stabilizing treatment for patients with EMCs. [1] If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer is implemented. [1]
[1] CMS. Emergency Medical Treatment & Labor Act (EMTALA). Regulations & Guidance. 25 Aug. 2022. https://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA
[2] DeGuerre, Cameron. Good Samaritan Statutes: Are Medical Volunteers Protected? AMA Journal of Ethics. Health Law. 2004 Apr. https://journalofethics.ama-assn.org/article/good-samaritan-statutes-are-medical-volunteers-protected/2004-04
[3] Showalter, J. Stuart. The Law of Healthcare Administration. Ninth Edition 2020. eBook.
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