Updated Feb 12 2025 by David M. Chester, Ohio Personal Injury Lawyer
When pursuing Ohio medical malpractice compensation, most people focus solely on state-level claims. However, a powerful federal statute called the Emergency Medical Treatment & Labor Act (EMTALA) can provide additional avenues for recovery when hospitals fail to properly evaluate or stabilize patients. Understanding how to leverage both Ohio hospital negligence law and EMTALA can significantly impact your potential compensation.
What Is EMTALA and Why It Matters in Ohio
EMTALA is a federal statute that applies to Medicare-participating hospitals, which includes most facilities in Ohio. The law places strict obligations on hospitals to provide adequate emergency medical evaluations and stabilizing treatment, regardless of a patient’s ability to pay. Unlike standard Ohio medical malpractice compensation cases, EMTALA claims don’t require proving negligence–only that the hospital failed to follow specific statutory requirements.
Key Requirements Under EMTALA
When handling potential {Ohio EMTALA claims}, it’s important to understand the three main obligations hospitals must meet:
- First, hospitals must provide a medical screening examination (MSE) when someone requests medical care from an emergency room or other evaluation facility. This examination must utilize available medical equipment, including x-rays, CAT scans, MRI, EMG, and EKG equipment as necessary.
- Second, if the screening reveals an emergency medical condition, the hospital must provide stabilizing treatment. If they cannot stabilize the patient, they must arrange an appropriate transfer to a facility that can.
- Third, specialized facilities like burn units or cardiac care units must accept transfer patients from hospitals lacking those capabilities when they have capacity. This prevents what’s known as “reverse dumping.”
Understanding EMTALA Violations in Ohio
Common EMTALA violations in Ohio that may support a legal claim include:
- Delaying or denying treatment to verify insurance coverage
- Failing to use available medical equipment during screening examinations
- Providing inadequate medical screening because of perceived inability to pay
- Not stabilizing patients before discharge or transfer
- Refusing to accept appropriate transfer patients when capacity exists
These violations are particularly serious because they can lead to severe complications or worsening of medical conditions. When such violations result in harm, patients may pursue both EMTALA and state malpractice claims simultaneously.
Why EMTALA Claims Matter in Ohio Medical Malpractice Cases
EMTALA provides several significant advantages over standard Ohio hospital negligence law:
- No caps on pain and suffering damages, while Ohio medical malpractice laws limit non-economic damages to $1,000,000 in the best circumstances.
- Two-year statute of limitations, compared to just one year for state malpractice claims
- Strict liability standard–no need to prove negligence, only that the hospital failed to follow statutory requirements.
- Potential for federal investigation, which often motivates hospitals to settle claims quickly.
These advantages can make a substantial difference in cases involving severe injuries or lifelong disabilities, potentially adding millions of additional dollars in compensation.
The Real-World Impact of EMTALA
Consider a scenario where inadequate monitoring leads to severe complications. Under Ohio malpractice law, even if a jury awards $10,000,000 for pain and suffering, the judge must reduce it to comply with state caps. However, if the case qualifies as an EMTALA violation–such as failing to properly screen or stabilize the patient–the full amount awarded by the jury can be recovered.
Hospital Compliance and Federal Oversight
EMTALA violations in Ohio carry serious consequences for hospitals. Beyond individual lawsuits, violations can trigger federal investigations that examine all aspects of a hospital’s EMTALA compliance. In severe cases, hospitals risk losing Medicare eligibility, which creates strong incentives for facilities to settle legitimate claims promptly and fairly.
Pursuing Both State and Federal Claims
A key advantage in many cases is the ability to pursue both state medical malpractice and EMTALA claims simultaneously. This dual approach can maximize your potential recovery while applying pressure on hospitals through different legal channels.
Have Questions About EMTALA?
Understanding the interplay between Ohio medical malpractice compensation and EMTALA requires experienced legal guidance. The complexity of these cases often requires attorneys who understand both state and federal healthcare laws.
Contact Chester Law Group today at (800) 218-4243 or reach us online for a consultation. Our experienced team understands how to leverage both EMTALA and state malpractice laws to protect your rights and maximize your potential compensation.