RE: Re:_EMTALA_–_ANTI-DUMPING_ACT:

[Guest guest]

Im making this reply from my cell. Have you contacted

Dr Peery? You need to document whats going on. Roper

HBOT is controlled by National baromedical, which is

controlled by Dick clarke--who is one of the UHMSs

biggest yes men. He once had armed guards escort me

from a UHMS CME meeting. Call Peery.

--- medicaid <sly243@...>

wrote:

> KP,

>

> I am not advocating or encouraging litigation

against ER Doctors or

> Hospitals, they are saviors and our protectors...

I am stating

> that certain federal statutes are in place to

protect each and every

> patient. Screening and stabalization is absolutely

required prior

> to discharge or transfer.

>

> I hope to learn from this open discussion on how

stroke and comatose

> patients are neurologically screened and stabalized

before being

> discharged and declared PVS/Custodial.

>

> In my instant situation... My 65 yr old Father was

treated by

> emergency surgeries on 9-28. ICU admitted from 9/29

- 10/26 and

> discharged to an LTAC from 10/26 - 12/18, Nursing

Home 12/18 - 12/26

> and readmitted on emergency basis on 12/26 - 12/30

for SEPSIS. He

> was discharged on 12/30 with a fever and without any

prearranged

> accepting facility. When we offered to take him

home they stated he

> requires skilled care and refused to discharge into

our care.

>

> Furthermore... Until 12/29 no neurologist had ever

consulted or

> been assigned to my father until a demand as

guardian was served

> upon the treating physician. To pacify us they

stated EEG scans

> have been scheduled but on 12/30 I received a voice

mail first

> stating the EEG is scheduled for 1/23 because no

emergency exists

> and finally another one stating the EEG test has

been cancelled. I

> learned he was discharged in the morning after i

received a call

> from a social worker scrambling to find a place to

deliver him to.

>

> So I am deeply puzzled as to what type of screening

determined he is

> neurologically stable to be discharged. Keep in

mind he is insured

> by Anthem BCBS ERISA plan (primary) medicare

(secondary) although

> this should not be of any concern according to

EMTALA (yeah

> right!).

>

> Would a Spect Scan be appropriate? What would the

normal course of

> treatments be to prevent further neurological damage

and stabalize

> the brain? I certainly do not believe " we'll just

have to wait and

> see " is or should be the standard of care for such

emergency

> situations.

>

> I would much rather have him properly screened,

treated and

> stabalized than resort to litigating for blood

money.

>

>

>

> > Leave HBOT out of it, not necessary to allege or

prove under

> > EMTALA...

> >

> > Take a look at an absolutely on point legal brief:

> >

http://pages.prodigy.net/mark_bower/legalbrief/update.htm

> >

> > Medical screening and stabalization is what is

mandatory before

> > discharge otherwise it is an absolute violation.

Once it is found

> > that the hospital has discharged a patient without

" stabilizing "

> > an " emergency medical condition " , absolute

liability is imposed by

> > the statute. The EMTALA does not use the terms

" negligence "

> > or " malpractice " (42 U.S.C. §1395dd[d][3][A]). The

courts have

> > found that the absence of such terms was

intentional, reflecting

> > congressional intent to impose absolute, or

strict, liability on a

> > hospital for failure to comply with EMTALA's

requirements.

> >

> > Definitions are the key here...

> >

> > " Stabilized " , as defined in 42 U.S.C.

§1395dd[e][4], refers to

> > whether " no material deterioration of the

condition is likely,

> > within reasonable medical probability, to result

from the transfer

> > of the individual from a facility. " It does not

mean that the

> > plaintiff's vital signs were regular or normal -

which is

> > way " stable " is typically used in Emergency Room

parlance. That

> may

> > be all that the Emergency Room Records do

=== Message Truncated ===

__________________________________________

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dsl.

[Guest guest]

Unfortunately, Mr. e is one of the persons who set up the " rules " for

the accreditation. One would have to find a way to beat him at his own

game.

Judy

>From: " sly243 " <sly243@...>

>Reply-medicaid

>medicaid

>Subject: [ ] Re:_EMTALA_–_ANTI-DUMPING_ACT:

>Date: Sun, 01 Jan 2006 18:07:49 -0000

>

>I have a consult with Dr. Peery scheduled for Monday 1/2 based on an

>open referral and denial letter written by Dr. Lance .

>

>I have emails back and forth from Dick e and was told he was

>consulted by Dr. Lance , medical director for hyperbarics at

>Roper. Dr. stated they are an accredited facility and by

>treating my Pop's " off label " would compromise their accredited

>status. He stated Mr. e would need to approve the use.

>

>He next stated Dr. e has donated various chambers to 3rd world

>countries for human testing which is difficult to do in the US and

>he would inquire if Mr. e knows of any studies or tests that

>may be applicable in my father's case.

>

>Funny thing is Mr. e is not a medical doctor... Yet controls

>treatment decisions of a doctor who is on his payroll...

>

>Around 3:00am this morning.. On 1/1/06 my pops was sent back to the

>emergency room with low BP and low respirations. They have him

>vented and appear most interested in securing consent for a DNR.

>

>According to the nursing home.. he was transfered to them with a

>fever and respitory issues... I requested the transfer papers and

>they stated they can only release records they create and not the

>Roper records...

>

>Went to Roper this AM... I've stated my case that he is in a locked

>in state and not in a coma or PVS as certified on his charts. I've

>request for a SPECT Scan and EEG... Even demonstrated to the

>treating nurse the conscious responses he is able to make.

>

>The plan is to ween him off his vent by wed 1/3/06 and after wed to

>discontinue the vent and let nature take its course...

>

>Really a tough situation for the family right now, any input or

>guidance is appreciated.

>

>

> > > > Leave HBOT out of it, not necessary to allege or

> > prove under

> > > > EMTALA...

> > > >

> > > > Take a look at an absolutely on point legal brief:

> >

> > > >

> > http://pages.prodigy.net/mark_bower/legalbrief/update.htm

> >

> > > >

> > > > Medical screening and stabalization is what is

> > mandatory before

> > > > discharge otherwise it is an absolute violation.

> > Once it is found

> > > > that the hospital has discharged a patient without

> > " stabilizing "

> > > > an " emergency medical condition " , absolute

> > liability is imposed by

> > > > the statute. The EMTALA does not use the terms

> > " negligence "

> > > > or " malpractice " (42 U.S.C. §1395dd[d][3][A]). The

> > courts have

> > > > found that the absence of such terms was

> > intentional, reflecting

> > > > congressional intent to impose absolute, or

> > strict, liability on a

> > > > hospital for failure to comply with EMTALA's

> > requirements.

> > > >

> > > > Definitions are the key here...

> > > >

> > > > " Stabilized " , as defined in 42 U.S.C.

> > §1395dd[e][4], refers to

> > > > whether " no material deterioration of the

> > condition is likely,

> > > > within reasonable medical probability, to result

> > from the transfer

> > > > of the individual from a facility. " It does not

> > mean that the

> > > > plaintiff's vital signs were regular or normal -

> > which is

> > > > way " stable " is typically used in Emergency Room

> > parlance. That

> > > may

> > > > be all that the Emergency Room Records do

> > === Message Truncated ===

> >

> >

> >

> >

> > __________________________________________

> > DSL – Something to write home about.

> > Just $16.99/mo. or less.

> > dsl.

> >

>

>

>

>