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Frances Ciardullo, Esq.
Matthew Lamb, Esq.
Robert Pedrazzi
Donnaline Richman, Esq.
James Robb
Linda J. Trentini, CIC
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A sample pain management agreement is available from Fager & Amsler, LLP.
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D ateline
VOLUME 7
08
of the fact so that the patient is not inadvertently given a new appointment.
Be aware that, in certain situations,
even after discharge, the physician may
still be required to see the patient. If a
patient who has been discharged presents
at the Emergency Department (E.D.), and
the physician is on call and is requested
by the E.D. physician to see the patient
in the E.D., the physician must respond.
Failure to see the patient in this situation
could result in an EMTALA13 violation for
both the hospital and the physician.
The wording of the discharge letter
may be important. In cases where the
patient has failed to pay his/her account,
it is usual for the letter to state non-payment as the reason for discharge. In other
cases, especially where the discharge is
due to the patients disruptive behavior,
or if there is a potential lawsuit against
13. Emergency Medical Treatment and Active
Labor Act.