Footnotes (39)



EMTALA: Its Application to Newborn Infants

Thaddeus Mason Pope

Hamline University - School of Law; Australian Health Law Research Center, QUT

April 16, 2008

ABA Health eSource, Vol. 4, No. 7, 2008

The application of the Emergency Medical Treatment and Labor Act (EMTALA) to extremely premature newborn infants has long been a source of concern to pediatricians and neonatologists. Preston v. Meriter Hospital is the first case to directly address the special status of newborns. In Preston, the Wisconsin Court of Appeals effectively narrowed the application of EMTALA to newborn infants, holding that EMTALA categorically does not apply to any infant born to an inpatient mother.

But the operative facts in Preston predate the Born Alive Infant Protection Act (BAIPA). In light of BAIPA's alteration of key statutory terms, it is prudent to comply with EMTALA obligations for all newborn infants anywhere in the hospital unless or until a good faith decision is made to admit the infant after its birth.

Number of Pages in PDF File: 5

Keywords: EMTALA, BAIPA, medical futility, Baby K

JEL Classification: K32

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Date posted: April 18, 2008  

Suggested Citation

Pope, Thaddeus Mason, EMTALA: Its Application to Newborn Infants (April 16, 2008). ABA Health eSource, Vol. 4, No. 7, 2008. Available at SSRN: http://ssrn.com/abstract=1121373

Contact Information

Thaddeus Mason Pope (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2519 (Phone)
901-202-7549 (Fax)
HOME PAGE: www.thaddeuspope.com
Australian Health Law Research Center, QUT ( email )
2 George Street
Brisbane, Queensland 4000
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