Patient Dumping and 6 Examples of EMTALA  Violations

Hospitals, nursing homes, and other care places all over the country have been accused of “patient dumping.” This happens when a hospital lets a patient go in an unsafe way—like leaving them outside at a bus stop in the cold wearing only a hospital gown and socks. Patients can be moved to another place, but doctors must follow strict rules.

If they don’t follow these rules, you may have the right to take legal action. Below, we explain what patient dumping is and share 6 common examples of legal violations.

What Is Patient Dumping?

Patient dumping happens when a hospital refuses to help someone who needs emergency care or sends them away while they are still too sick to go. It can also happen when a hospital sends a patient home too early or moves them without a good reason. Under the federal Emergency Medical Treatment and Active Labor Act (EMTALA), it is against the law for any hospital that takes Medicare refuse to treat someone who needs emergency care.

Sometimes, hospitals leave patients just off their property and say that another place will come get them. Other times, they tell the patient to find their own way to the next hospital. This kind of treatment is seen as cruel and goes against the Hippocratic Oath, which says doctors should “first, do no harm.”

Patient dumping can cause serious harm. A person’s sickness or injury may get worse—or even lead to death. To stop this from happening, hospitals should have clear rules for when and how to send a patient home or move them. All staff must be trained to follow these rules and follow both state and federal laws.

Patient dumping is when a hospital sends a patient away without proper care or before they’re stable, putting the patient at serious risk.

Patient Dumping Happens Across Pennsylvania

Sadly, patient dumping often happens to people who are in vulnerable or overlooked groups. If a hospital sees that a patient can’t pay for care, doesn’t have insurance, or is an undocumented immigrant, it may try to avoid helping them to save money. But no matter what a person’s situation is, medical centers are not allowed to deny care or leave someone outside without help.

Nursing homes have different rules than hospitals, but they still can’t dump patients. The Department of Health for the Commonwealth of Pennsylvania says over 80,000 people live in more than 700 nursing homes across the state. These homes can’t kick someone out without a good reason, even if that person needs more care or costs more.

Once someone is accepted into a nursing home, they have rights if the facility tries to evict them. The nursing home must follow clear steps and give the person time to find a new place to go. Sadly, many nursing homes in the U.S. are ignoring the law and choosing profit over patient care.

Patient Dumping in a Hospital Setting

Different medical facilities follow different laws and have different duties to their patients. In hospitals, patient dumping can happen in many ways, such as:

• When a hospital is fully able to care for a patient but transfers them to another hospital anyway.
• When a hospital sends a patient to another hospital before making sure they are stable or properly checked.
• When a hospital refuses to treat someone because they are financially unable to pay for medical services.
• When a hospital discharges a patient prematurely without stabilizing them.
• When a hospital refuses to accept the transfer of a patient.
• When a hospital leaves a patient with an emergent condition in a waiting room without examination or care.
• When a hospital delays emergency medical treatment because of a lack of insurance or Medicare status.

Any hospital that treats Medicare patients must follow EMTALA rules. If they break these rules, the U.S. Department of Health and Human Services can take action against them.

Nursing Homes Are Common Sites for Illegal Patient Dumping

Nursing homes are common places for patient dumping, which is illegal under the Nursing Home Reform Act of 1987 and the Nursing Home Resident Protection Amendments of 1999. These laws require nursing homes to give residents a 30-day notice before eviction and allow them a chance to appeal the decision. If a resident appeals, the nursing home cannot evict them until the matter is settled.

In a nursing home, patient dumping can take many forms, including:

• Forcing a patient to leave while waiting for Medicaid
• Failing to safely and orderly discharge a resident
• Evicting longer-term Medicaid patients in favor of shorter-term patients with private insurance
• Not giving a 30-day written notice of transfer or discharge that explains the reasons for the move in a way the resident can understand
• Transferring a resident to a hospital for acute care and giving their bed away while they’re gone, preventing them from being able to return
• Falsely accusing a resident of violence
• Forging documents to get rid of unwanted patients

Nursing homes cannot evict residents without a good reason. Every eviction notice must clearly explain why the resident is being asked to leave. Nursing homes also have to help arrange the resident’s move, whether it’s to a family member’s home or another nursing home.

Nursing home dumping is when residents are forced out without a good reason, often to cut costs, even though they need ongoing care.

6 Examples of EMTALA Violations

EMTALA says hospitals must do a proper medical exam that meets care standards and then give care to help stabilize the patient. If the hospital can’t provide the care needed, they must send the patient to a place that can. Problems often happen here because the new place must be able to give the right care and agree to take the patient.

The most important part of EMTALA is making sure the patient gets the right care and the new hospital agrees to help them. Here are 6 common ways hospitals break EMTALA rules.

1. Failure to Screen for an Emergency Medical Condition (EMC)

Hospital staff must check patients when they come in to see if they have or might have an emergency, like a heart attack or seizure. Failing to do so is a violation of EMTALA because they aren’t providing a full medical screening exam (MSE).

2. Failure to Stabilize an EMC Patient

Doctors must give care to help patients get stable, like oxygen, medicine, and IV fluids, if they have or might have an emergency medical condition after the check-up. They must retain and treat the patient to the best of their ability until the patient is stable enough for the transfer process. If they send a patient to another facility while the person is still unstable, they may violate EMTALA.

3. Delayed Transfer

Hospitals should send patients to another place quickly after they are stable if they cannot treat their problem. For example, if a patient comes to the ER with a serious heart problem but the hospital can’t do surgery, the ER doctor should send the patient right away by ambulance or helicopter. Waiting too long puts the patient at risk of further injury or death and is an EMTALA violation.

4. Inappropriate Transfer

Hospitals must perform a MSE before sending a patient to another facility. This means that simply informing a patient they should go to another hospital is not sufficient. If a patient comes to the ER with serious problems and the staff tells them to go to another place for treatment, a doctor must do a medical exam and send the right information to the new facility.

5. Denial of Transfer

The hospital sending the patient must follow the right steps to transfer them. The new hospital must accept the patient if they can take care of them. They have the option to recommend a different location, but only if they cannot provide the appropriate care.

6. Inappropriate Discharge

Before discharging a patient, the hospital must ensure the patient is stable. This means it is unlikely to expect them to relapse or experience further illness. While each medical case is unique and depends on many factors, if a facility discharges a person before they are stable, they may violate EMTALA.

“Violations like failing to properly screen, stabilize, or transfer patients put lives at risk and break important laws designed to protect those in need.”

Options if You or a Loved One Have Been a Victim of Patient Dumping

Even though hospitals and nursing homes get more warnings to keep patients safe, many places still do not respect patients’ rights. They give low-quality care and practice patient dumping, which can hurt patients more than it should. The latest data shows that worries about illegal nursing home evictions are growing.

If this has happened to you or a loved one, you have rights. You can file a medical malpractice insurance claim or lawsuit against those responsible for your care or ill treatment. Many parties could be liable, including staff, nurses, doctors, and hospital administrators. A good medical malpractice lawyer will help you gather strong proof like photos, videos, and witness stories to build your case.

Pursuing these cases is a complex and challenging endeavor. With knowledge and experience, your lawyer will collaborate with medical experts to demonstrate how you were mistreated. You can claim compensation for your medical costs, lost income, and even your pain and suffering at the hands of those at fault.

Every patient should be treated kindly and get good care. If you or a family member was hurt because a hospital, nursing home, or medical facility let you leave in the wrong way, you may have the right to take legal action. Contact our medical malpractice attorneys today to discuss your legal options.