EMTALA
Carlisle v. Frisbie Mem'l Hosp., No. 2004-555 (N.H. Nov. 30, 2005)
An intoxicated
and suicidal patient who entered a hospital's emergency room brought claims
under the Emergency Medical Treatment and Active Labor Act (EMTALA) and the
state's patient's bill of rights (PBR), after the treating emergency room physician
transferred the patient to jail after she refused to see a counselor. A jury
trial found for the patient and the hospital appealed. The New Hampshire Supreme
Court affirmed the trial court's decision, finding that the hospital failed
to stabilize the patient as required by EMTALA when it provided no treatment
before transferring the patient to protective custody.