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Episode 6: Closed for Business

Standard of Care Podcast


 

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Episode 6: Closed for Business

On this episode of the Standard of Care Podcast, Nick and Samantha try to help EMS providers make sense of one of the most widely known (yet least understood!) laws on the books, the Emergency Medical Treatment and Labor Act (EMTALA). What is the law meant to address? Is EMTALA different for hospital-based and non-hospital-based EMS providers? Can your ambulance be parked at the ER ramp, or your patient turned away? What does the 250-yard rule have to do with care? Has COVID changed the way that EMTALA applies, and can we expect to see these changes continue? Please like, comment, and subscribe!

  

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Show Notes / Links

EMTALA, 42 U.S.C. § 1395dd, available at https://www.law.cornell.edu/uscode/text/42/1395dd

American College of Emergency Physicians, EMTALA Fact Sheet, available at https://www.acep.org/life-as-a-physician/ethics--legal/emtala/emtala-fact-sheet/#:~:text=The%20Emergency%20Medical%20Treatment%20and,has%20remained%20an%20unfunded%20mandate

Bois, D. J., Johnson, S., Keville, T., Lindsay, E., & Swedlow, M. R. (2019). What is ... EMTALA? Chicago, IL: American Bar Association, Health Law Section.

Brown, H. L., DMSc, PA-C, DFAAPA. (2021). Emergency Care EMTALA Alterations During the COVID-19 Pandemic in the United States. Journal of Emergency Nursing, 47(2), 321-325. doi:10.1016/j.jen.2020.11.009

Centers for Medicare and Medicaid Services, Emergency Medical Treatment & Labor Act (EMTALA), available at https://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA

Centers for Medicare and Medicaid Services, 1135 Waivers at a Glance, available at

https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertEmergPrep/Downloads/1135-Waivers-At-A-Glance.pdf

Kitch Drutchas Wagner Valitutti & Sherbrook, P.C., EMTALA.com, available at http://www.emtala.com/

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MAR
21

Episode 5: Vitamin K (Legally!)

Standard of Care Podcast


 

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Episode 5: Vitamin K (Legally!)

On this episode of the Standard of Care Podcast, Nick and Samantha examine the legal issues of the Elijah McClain case in Colorado. Mr. McClain’s tragic death – and other situations like his - has led politicians to call for bans on the use of ketamine. We look at how Mr. McClain’s lawyers tell his story and what claims they bring against Aurora Fire and its medical director. This case has important lessons for crews, supervision, and medical directors. How can you protect your patient, yourself, and your agency when you encounter these scenes? Please like, comment, and subscribe!

Note: This episode was created before the City of Aurora released the independent investigation report, but we have added the report to the links.

 

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Show Notes / Links

Estate of Elijah Javon McClain, by and through its personal representatives Sheneen McClain and Lawayne Mosley; Sheneen McClain, individually; Lawayne Mosley, individually; v. City of
Aurora, Colorado, et al., Civil Action No. 20-cv-2389-DDD-NRN, United States District Court for
the District of Colorado, Amended Complaint, January 20, 2021


Dickerson, John. "Excited Delirium: The controversial syndrome that can be used to protect police from misconduct charges". CBS 60 Minutes. Retrieved December 20, 2020.

Gliha, L. J. (August 14, 2020) Aurora hiring more people for independent Elijah McClain investigation. KDVR. Retrieved from https://kdvr.com/news/aurora-hiring-more-people-forindependent-elijah-mcclain-investigation/

Smith, J., Costello, M., MD, & Villaseñor, R. (February 22, 2021). Investigation Report and
Recommendations, available at
https://www.auroragov.org/UserFiles/Servers/Server_1881137/File/News%20Items/Investigation%20Report%20and%20Recommendations%20(FINAL).pdf

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