Texas PJC Malpractice 2022

PJC 51.20

M EDICAL M ALPRACTICE —T HEORIES OF D IRECT L IABILITY

PJC 51.20

The Emergency Medical Treatment and Active Labor Act (EMTALA)—Medical Screening Examinations and/or Stabilization before Transfer When a Patient Comes to a Hospital with an Emergency Medical Condition

QUESTION 1 Did Paul Payne suffer personal harm as a direct result of the failure, if any, of Dixon Hospital to provide an appropriate medical screening exam after Paul Payne came to the hospital’s emergency department? “Personal harm” means injury to the person that is more than mere economic loss. Paul Payne “came to the hospital’s emergency department” if he presented to the hospital’s emergency department seeking an examination of, or treatment for, a medical condition. A “medical screening examination” means an examination within the capa bility of the hospital’s emergency department, including ancillary services rou tinely available to the emergency department, to determine whether or not an emergency medical condition exists. An “appropriate medical screening examination” means a screening exam ination that— 1. is reasonably calculated to identify critical medical conditions that may be afflicting symptomatic patients; and 2. provides that level of screening uniformly to all those who present substantially similar complaints. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question _____ [ applica ble damages question ] and do not answer Question 2 or 3. If you answered “No” to Question 1, then answer Question 2. QUESTION 2 Did Dixon Hospital determine that Paul Payne had an emergency medical condition?

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