A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled earlier this week that the family of a murder victim can sue Providence Hospital of Southfield, MI for violating the federal Emergency Medical Treatment and Active Labor Act (EMTALA). Their ruling overturns a judge's 2007 decision which ruled in Providence's favor.
The Associated Press reports that the court of appeals found that the estate of Marie Moses Irons can sue the hospital for releasing Christopher Howard for neglecting to give him appropriate psychiatric treatment. Howard killed Marie, his wife, just days after he was released from Providence's ER in 2002. The Irons family has claimed that the hospital didn't follow EMTALA because it failed to stabilize Howard, which they argue led to the murder. Providence claims that the Irons' estate has no standing to sue, and that EMTALA does not apply because Howard was screened and did not have an emergency condition.
There was reportedly some disagreement about Howard's care between two of Providence's physicians. One doctor recommended that Howard be transferred to a psychiatric unit. But instead of being transferred to another facility, a second doctor decided to release Howard stating that he didn't need to be committed.
"We recognize that our interpretation [of EMTALA]...may have consequences for hospitals that Congress may or may not have considered or intended," Judge Eric Clay wrote. "However, our duty is only to read the statute as it is written."
For more information:
- see the Associated Press story [1]
Links:
[1] http://www.google.com/hostednews/ap/article/ALeqM5hoAIVVnVAeQZib_DjXv_QQSPYJTwD97D7DUO0