On February 10, 2021, Robert, who is uninsured, walked into Manor Medical Center’s emergency room complaining of an extremely high fever, cough and shortness of breath. He was screened and w

On February 10, 2021, Robert, who is uninsured, walked into Manor Medical Center’s emergency room complaining of an extremely high fever, cough and shortness of breath. He 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 Manor Medical Center, it was determined that he suffered from severe bilateral pneumonia and Adult Respiratory Distress Syndrome (“ARDS”). Being stable, he was discharged two days later. Unbeknownst to Robert at the time, he had severe, acute lung damage, an emergency condition that the physicians at Manor Medical Center failed to diagnose.
On February 13, Robert, due to having a very hard time breathing, called an ambulance owned and operated by Manor Medical Center, who took him to Manor’s emergency department. On February 14, while Robert’s condition was at all times unstable, various doctors and nurses associated with Manor Medical Center attempted to transfer him out of the hospital on eight separate occasions.
Robert alleges that on February 15, two of Robert’s doctors falsely certified that he was stable for transfer from the hospital. At 2:45 am, EMS personnel arrived to collect Robert from Manor Medical Center. He was placed into the ambulance owned and operated by Manor Medical Center. After driving off the hospital property, Robert went into cardiac arrest. He was brought back inside Manor Medical Center where he was resuscitated and placed on a ventilator in the emergency department.
Robert was then admitted to the inpatient ICU at Manor Medical Center, where he remained until February 25, at which time he was discharged to his home. It appears that Robert was unstable at that time.
On February 27, just two days after discharge from the hospital, Robert’s medical condition deteriorated. A Manor Medical Center owned and operated ambulance collected Robert once again from his home but did not even get out of Robert’s driveway. The emergency department manager, who was in radio contact with the ambulance, refused to accept Robert on the grounds that there was “no pulmonologist available to evaluate and treat him at the hospital” at that time. The ambulance EMTs thought of Betterment Hospital, who had facilities to provide the necessary treatment to Robert. They called Betterment Hospital who agreed to accept the transfer. The ambulance transported Robert to the Betterment Medical Center without a screening.
Upon arriving at Betterment, a medical examination uncovered that Robert was suffering from significant lung damage, and that “his lung has been collapsed to some degree for quite some time…” On February 29, Betterment physicians performed surgery on Robert to repair his lung.
Identify and assess all bases for Manor Medical Center’s liability under only EMTALA that may be asserted, and any defenses Manor may claim. Structure your answer using the below headers, with discussion of the associated considerations during each time period/date noted. Utilize introduction and conclusion paragraphs as you deem necessary to provide context and/or expound necessary legal considerations.
Introduction
February 10
February 14
February 15
February 25
February 27
Conclusion
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