baber v. hospital corporation of america

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Baber v. Hospital Corporation of AmericaEMTALA

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Page 1: Baber v. Hospital Corporation of America

In Baber v. Hospital Corporation of America, the court held that the screening requirement only requires a hospital to provide a screening examination that is "appropriate" and "within the capability of the hospital's emergency department," including "routinely available" ancillary services. The standard which will of necessity be individualized for each hospital, since hospital emergency departments have varying capabilities. The hospital has to treat all patients the same and treat them as they normally would in such cases. In this case, the doctor was not required to get the diagnosis right, he was just required to do an examination that is appropriate and within the capability of the hospital. A doctor can avoid liability by establishing that it was unable to provide the medical care that a patient required.