Ten Ideas for Teaching Fact and Opinion
more about simply stating opinions as if they were facts.
The author of this FAQ does not intend to create an attorney-client relationship by distributing it, and does not invite or expect any person to rely on it as legal advice or a substitute for legal advice. What is contained herein is no more than general information and guidance about a controversial and developing area of medicine and law. Reliable legal advice must come from your own attorney.
Fact and Opinion- Ideas for Teaching, Resources for …
and how does it affect these issues?
A preliminary note:As is the case with any legal inquiry, the interpretation of this statute and its provisions as applied to a particular situation is subject to varying conclusions depending on the facts of the case and is also subject to judicial interpretation, with all of its inherent fallibility and unpredictability. The law is not a discipline which provides its guidance in sharply-defined areas of black and white. Most legal areas present multiple shades of gray, and this applies to EMTALA just as strongly as (and in some respects more strongly than) any other area. A lawyer often cannot tell a client "what the law is"; he can do no more than offer a prediction of what a court will find the law to be. The field of medicine, likewise, has many uncertainties and gray areas, and decisions made in its sphere are based on subjective assessments and conclusions based on clinical judgments, rather than on objectively deduced truths. An area in which clinical medical decisions must be made, often within a short period of time, is also subject to being critically reviewed under the microscope of expert opinion testimony in the event of later litigation. An area of inquiry in which legal considerations and medical principles overlap, then, is one where very little can be clearly defined and demarcated in general terms in advance and in a vacuum, without regard to a particular factual situation.The following is intended to provide some general guidance on the statute, the regulations which implement it, and the reported cases which interpret it. It is not a substitute for sound legal advice from a knowledgeable attorney familiar with the law, the facts of a specific case, the hospitals and physicians involved, the nature of the medical problem at issue, and the jurisdiction in which a lawsuit is pending or may be filed.The author of this FAQ does not intend to create an attorney-client relationship by distributing it, and does not invite or expect any person to rely on it as legal advice or a substitute for legal advice. What is contained herein is no more than general information and guidance about a controversial and developing area of medicine and law. Reliable legal advice must come from your own attorney.TERMINOLOGY USEDEMTALA - The Emergency Medical Treatment and Active Labor Act
COBRA - The Consolidated Omnibus Budget Reconciliation Act of 1986 (See Section 1 below)
HCFA - The Health Care Financing Administration - previous name for CMS
CMS - Centers for Medicare and Medicaid Services, a division of the Department of Health and Human Services. Responsible for the Medicare program and the development and enforcement of regulations on EMTALA.
Transferring hospital - A facility at which a patient is seen initially and whose personnel determine that transfer to another facility is warranted
Receiving hospital - A facility to which a patient is transferred; it may or may not consitute a "regional referral center" as that term is used elsewhere in the Medicare statute and (at one point) in EMTALA.