Civil Litigation
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Harry v. Marchant
15 Fla. L. Weekly Fed. c590 (11th Cir. May 24, 2002)
Hospitals are required to provide appropriate medical screening to determine if emergency medical conditions exist in individuals who present themselves at an emergency department of a hospital. If such conditions exist, the hospital has a duty to provide stabilization treatment prior to discharging or transferring the patient. However, no such duty exists if the patient is neither discharged nor transferred. This rule does not preempt a patient from filing other claims such as state malpractice and tort actions for the negligent acts of a hospital.
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