The case comes from Idaho, where the law banning abortions is sufficiently strict that the state's leading hospital system says its patients are at risk.
The case comes from Idaho, where the law banning abortions is sufficiently strict that the state's leading hospital system says its patients are at risk.whether a state can prevent a pregnant woman from receiving what her doctors say is essential medical treatment, including the termination of a pregnancy, if her health, but not her life, is in grave danger.
"For physicians at St. Luke's hospitals...there's a conflict between what federal law says they should do, which would allow them to save the patients organs...and what Idaho allows them to do, which is nothing, until the patient's life is at risk," Harrison says. "What's different about EMTALA is that it's built on the Medicare Act, and the Medicare Act is built on a foundation of state law," Bursch asserts."It says hospitals must assure that their personnel meet applicable standards required by state or local laws." He is adamant that"EMTALA does not enforce a national standard of care."
Bursch disputes that."EMTALA does not require any specific medical standards. It is built on this foundation of state law. And state law requires that you preserve life whenever it's possible."
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