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Essay (100 Points): On January 28, 2014, Chris, who is unins…

Essay (100 Points): On January 28, 2014, Chris, who is uninsured, came to the Bosse Medical Center (BMC) emergency room complaining of an extremely high fever, cough and shortness of breath, was screened and was later that day admitted to the hospital as having severe dehydration and lung disease. During the course of Chris’ inpatient treatment at the Bosse Medical Center, it was determined that he suffered from bilateral pneumonia, Adult Respiratory Distress Syndrome (“ARDS”), and significant lung damage.   Between January 29 – 30th, 2014, while Chris’ condition was at all times unstable, various doctors and nurses associated with the Bosse Medical Center attempted to transfer him out of the hospital on eight separate occasions because Chris did not have health insurance.   Chris alleges that on February 1, 2014, two of Chris’ doctors certified that he was stable for discharge from the hospital, despite his still experiencing serious symptoms. After being wheelchaired to the hospital entrance and while walking through the parking lot to the closest bus stop, Chris went into cardiac arrest. He was brought back inside the Bosse Medical Center where he was resuscitated and admitted and placed on a ventilator in the ICU.   Chris remained at Bosse Medical Center until February 24, 2014, at which time he was again discharged to his home.   On February 26, 2014, just two days after discharge from the hospital, Chris’ medical condition deteriorated. A Bosse Medical Center owned and operated ambulance collected Chris from his home but was directed by BMC to another nearby hospital with emergency department because “no pulmonologist was available to evaluate and treat him at BMC”.   However, the ambulance coordinator was incorrect that there was no pulmonologist at BMC because he looked at the wrong schedule.  When the ambulance arrived at Betterment Hospital, which had facilities to provide the necessary treatment to Chris, he was admitted to the ICU.  A medical examination uncovered that Chris was suffering from significant lung damage, and that “is lung has been collapsed to some degree for quite some time…” On February 29, 2014, Betterment physicians performed a successful surgery on Chris to repair his lung.   Identify and assess all the bases for Bosse Medical Center’s liability under EMTALA and any tort causes of action that Chris is likely to assert, and any defenses Bosse may claim.   If you believe there is unknown information that might dictate one outcome or another, specify the information and how it might change your analysis.

Essay (100 Points): On January 28, 2014, Chris, who is unins…

Posted on: April 27, 2025 Last updated on: April 27, 2025 Written by: Anonymous Categorized in: Uncategorized
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