What, then, does EMTALA require of anesthesiologists?
If they are on call to provide services in the emergency room and a patient comes to the emergency room with an emergency medical condition or in labor, the anesthesiologists should respond to the call and treat the patient as they would treat anyone else with the same medical needs, without basing any actions on the patient’s insurance coverage or other nonclinical status. It is not entirely clear whether EMTALA applies once the patient has been admitted to the hospital or maternity unit from the emergency room. Because of additional state law and hospital bylaws requirements, however, the conservative strategy would be to continue services until the patient is stabilized or has delivered. The statute allows for fines of up to $50,000 and for exclusion from the Medicare and Medicaid programs. Unlike hospitals, however, physicians are not subject to private malpractice lawsuits based on EMTALA. Putting all of the above principles together, in order to ensure that they comply with legal
