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Under the Emergency Medical Treatment and Labor Act, once it is established that a patient appeared at a hospital’s emergency department with an emergency medical condition, or when an individual has been diagnosed as presenting an emergency medical condition, the hospital must provide that treatment necessary to prevent the material deterioration of the individual’s condition or provide for an appropriate transfer to another facility. The hospital will be liable under the Emergency Medical Treatment and Active Labor Act, either if it fails to detect the nature of the emergency condition as a result of a disparate screening or, if the hospital detects the emergency condition, by failing to stabilize the condition prior to releasing the patient.


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