1: A physician may be liable for abandonment for refusing to care for a patient after learning of the patient sueing another physician. FALSE
The situation is dependent on the type of contract that defines the patient-physician relationship. In an express contract, the physician may be liable. However, on an implied contract, the physician can terminate the relationship with the patient on reasonable ground.
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2: The hospital can have a patient removed who does not leave after a physician writes a discharge order. TRUE
After a physician has provided the discharge order, the contractual relationship between the patient and the hospital ends. Therefore, no statutory provision allows the patient to rightfully remain in the hospital after a discharge order has been issued.
3: A physician must assume responsibility for all of a patient’s needs to avoid liability for abandonment. FALSE
The physician-patient relationship requires adequate cooperation, lest a physician is entitled to withdraw from the relationship and face no contractual or statutory liabilities.
4: A nurse can be held liable for patient abandonment if she leaves before her shift is complete and does not arrange for a nurse replacement. TRUE.
Nurses are an element of the contractual relationship between a patient and the hospital. Therefore, negligent abandonment of care can make the hospital to become liable, and the nurse may face legal penalties because of the resulting legal liability.
5: A physician has a duty to warn a patient who chooses to terminate the physician-patient relationship whether further care is required. However, the physician has no duty to follow-up and confirm whether the patient is receiving additional care. TRUE.
Physicians only provide care at the healthcare centers and can decide upon any follow-ups as they deem fit. The physician has no legal duty to warn patients on further care requirements. If a patient terminates the relationship, then the physician is no longer responsible for consequent events that may occur after the contract is terminated. Courts can rule in favor of the physician who did not provide warnings or follow up for additional care.
6: A hospital may not refuse to discharge any patient expressing an interest in leaving the hospital. TRUE.
The patient has the right to decide upon leaving the hospital against the advice of the physicians.
7: When a patient chooses a physician, the patient enjoys the rights of an employer-employee relationship. TRUE.
The rights enjoyed emanate from the contractual relationship that makes the physician responsible for providing care services.
8: The EMTALA law requires a medical screening that leads to a correct diagnosis. TRUE.
Medical screening is a statutory requirement of the EMTALA law. The type of diagnosis is dependent on the efficiency of the physicians involved.
9: Physicians must continue treating a patient even if the patient refuses to cooperate. FALSE
The lack of cooperation means that the patient is violating the contractual agreements, and physicians can decide to act according to their discretion.
10: An HMO patient and presents at a hospital. That hospital has a contract to provide care to the enrollees of the patient’s HMO. Although the hospital is full, the hospital needs to comply with its contract with the HMO and serve the patient. FALSE
The hospital cannot exceed its capacity of care unless an emergency is imminent. Compliance is dependent on capacity of the establishment to handle new patients.
11: A court has decided in favor of revocation of a physician’s medical license in a case where the physician did not try to convince the patient not to leave a hospital against medical advice. FALSE
The Court was not justified to revoke the medical license, because when the patient left, they terminated the relationship with the physician, hence removing the legal liability imminent in the case.
12: Since EMTALA does not address medical malpractice, patients have to commence separate lawsuits for injuries alleged to have resulted from EMTALA violations. FALSE
The EMTALA law is comprehensive, and no additional lawsuits are necessary for a patient to get compensated for the resulting damages.
13: To meet EMTALA standards, the hospital emergency department must provide medical care before determining whether the medical condition is an emergency, according to EMTALA regulations. FALSE
The EMTALA law covers only emergency cases. Necessary assessments must be done before admitting a patient to determine the nature of attention needed.
14: According to EMTALA, a patient should only be transferred after the patient has been stabilized. TRUE
EMTALA law is meant to provide fast response for emergencies, after which additional steps like transfers can be done.
15: On-call physicians who refuse or fail to appear at the hospital ED may violate EMTALA. TRUE
EMTALA law obligates all physicians to adhere to the service of patients, and legal liabilities are incurred if the physician becomes negligent and fails to appear.
