Problem
Facts: Darryl Jones, aged 15, was shot in a playground setting in the south side of Chicago. The area was known to have major gang violence. After suffering a gunshot wound to the stomach and back, Darryl and his friend Chuckie went by foot to Krosswood Hospital. Unable to continue, Darryl collapsed 350 feet from the entrance to the hospital's emergency department. Chuckie ran into the emergency department and begged the staff to help his friend. The emergency room was full of people and the triage nurse, fearing for her safety, would not go out to the street. Chuckie called 911. Within an hour, Darryl was placed on a gurney by policemen and brought into the emergency room. However, with the passage of time, he bled out, and died.
Task
1. Which specific laws are implicated?
2. Explain the duties that a hospital has to patients who present at its emergency room.
3. What does "present at the emergency room" mean to you?
4. What duty does a hospital emergency department have to treat patients outside of the hospital premises?
5. What risks should an emergency room staffer have to take to comply with the law?
6. Do you think Krosswood Hospital violated EMTALA?
7. Is there an action for malpractice? Explain your answer.