Ethical and Legal Concerns for Emergency Room Physicians...

There are unique ethical and legal obligations of the Emergency Room Physician. Commonly faced issues include patient â€Å"dumping†, organ donation, and Do-Not Resuscitate orders. These issues have ethical and legal considerations for the Emergency Room Physician in regards to their responsibilities and actions. The ethical right for individuals to have access to health care already has a form of legal binding within the United States as seen in the Emergency Medical Treatment and Active Labor Act. â€Å"In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA), which forbids Medicare-participating hospitals from â€Å"dumping† patients out of emergency departments† (Pozgar, 2010, p. 221). The act provides that: In the†¦show more content†¦Because of the EMTALA, therefore, much more than emergency room care is provided regardless of ability to pay† (Menzel, 2011, p. 84). â€Å"Hospitals are not only required to care for emergency patients, but they also are required to do so in a timely fashion† (Pozgar, 2010, p. 272). â€Å"Hospitals are expected to notify specialty on-call physicians when their particular skills are required in the emergency department. An on-call physician who fails to respond to a request to attend a patient can be liable for injuries suffered by the patient because of his or her failure to respond† (Pozgar, 2010, p. 271). Under the doctrine of Respondeat Superior, hospitals are also liable for the actions of physicians working or on-call in their emergency department. The need for organ donations creates another ethical dilemma for Emergency Room Physicians. â€Å"Obtaining organs from emergency room patients has long been considered off-limits in the United States because of ethical and logistical concerns† (Stein, 2010). The shortage of organs available for transplant has caused many patients die while waiting. A pilot project from the federal government â€Å"has begun promoting an alternative that involves surgeons taking organs, within minutes, from patients whose hearts have stopped beating but who have not been declared brain-dead† (Stein, 2010). â€Å"The Uniform Determination of Death ActShow MoreRelatedEmergency Medicine and the Ethical Dilemmas1749 Words   |  7 PagesEmergency Medicine and the Ethical Dilemmas Luisa Martin HCA 322 Instructor Thomas December 5, 2010 Picture this scenario: You are working  in the emergency room of a public hospital where the  Ã‚   inflow of patients is higher than the available beds. 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