EMTALA

Fotia v. Palmetto Behavioral Health, No. 2:03-3775-23 (D.S.C. Apr. 14, 2004)

The United States District Court for the District of South Carolina held that the Emergency Medical Treatment and Active Labor Act (EMTALA) allows a whistleblower who was allegedly terminated for reporting an EMTALA violation to bring an action against his former employer for retaliation. A social worker was told by his employer to transfer a patient to another facility because the provider had already "taken their share of unfunded patients." The social worker alleged that this action constituted a violation of EMTALA, and his termination one week later was a wrongful retaliatory discharge.