On May 16, 1998, an event occurred that outraged many and presented an emergency

Question

On May 16, 1998, an event occurred that outraged many and presented an emergency department's physicians and nurses with an ethical and legal dilemma. Christopher Sercye, a 15-year-old boy, was shot and wounded. His friends carried him to within 50 feet of Chicago's Ravenswood Hospital, put him down, and left. Hospital staff saw Christopher lying there but did not go out to help him because hospital policy did not allow staff to leave the hospital premises to render emergency care.

How would you respond if Ravenswood Hospital offered the following arguments in defense of the claim that it violated the Emergency Medical Treatment and Active Labor Act (EMTALA)

“Christopher Sercye never came to our Emergency Department; therefore, we had no EMTALA obligations.”

“We were very short-staffed at the time and all available physicians and nurses were caring for patients in the ED.”

Explanation / Answer

The hospital staff saw Christopher lying as shot and wounded. It means that he was facing life threatening issue and required emergency care. This was also well known to the hospital staff when they saw Christopher in this condition. Though, they remain inhuman and unethical, sticking with the organization’s policy. Then, it is a case of violation of EMTALA.
Regarding the first argument of the Hospital, it is true that Christopher could not go to the emergency department, but he was not in a position and capable enough to reach the emergency department. He was gun wounded and facing threats to life. Then, he was unable to reach the emergency department. In this case, it was the responsibility of the hospital staff who saw him to bring him inside the emergency department. There is a question mark upon the location of the emergency department as it should be at the entrance of the hospital as per the layout so that people requiring emergency care should reach there quickly.
Regarding the second argument, a person facing an emergency to his life should be treated even if the medical team to work extra hours. There may be other patients, who may not be facing the life threatening case as faced by Christopher because their condition may be stable enough. So, Christopher should be given priority in treatment when other patients’ condition are stable. Regarding, the short staffing or understaffing, the hospital should be held liable for not putting sufficient staff on payroll to provide adequate service.

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