Case Law Update
Emergency Medical Treatment
mild infection, so Dr. Semmes ordered a urine culture, which normally takes 24 hours to perform.
EMTALA Requires Screening
Procedures, but not Zrnproper Motive
Facts: Susan Power (plaintiff) presented to the emergency department (ED) at Arlington Hospital (defendant) at approximately 5:45 a.m. on February 24, 1990, complaining of pain in her left leg, back, and abdomen; difficulty walking; shaking; and chills. She did not have a fever and her vital signs were normal. She stated that she had a large "boil" on her cheek, although the treating health care providers testified that they did not see it and the presence of a boil was not noted in the ED record. She apparently did not, in the opinion of one of the examining physicians, appear to be acutely ill. Two different physicians, Drs. Heiman and Semmes, and two different nurses evaluated and examined Power. Dr. Heiman examined her hip, performed a motor examination and a leg extension test, ordered a dipstick urinalysis, and ordered X rays of her hip. All of Dr. Heiman's examination was within By John C, West, J-D,, director, risk management and staff counsel, Sisters of Charity Health Care Systems, Inc,, Cincinnati Power brought suit against the hospital under the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA),