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Abortion Back at SCOTUS (with Steve Vladeck & Dara Kass)
Jan 29, 2024
Supreme Court expert Steve Vladeck and emergency medicine physician Dara Kass join Preet to discuss pending cases on whether doctors are required to perform emergency abortions in states with strict anti-abortion laws. They explore the legalities, options for individuals with ectopic pregnancies, and the challenges surrounding recent abortion laws. They emphasize the importance of ensuring access to necessary medical procedures and express gratitude to their guests and production team at the end of the podcast.
26:30
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Quick takeaways
- EMTALA requires hospitals to provide stabilizing treatment to pregnant women and the unborn fetus in certain emergency cases, raising questions about the eligibility criteria for providing abortions in non-life-threatening emergencies.
- State abortion laws in conflict with EMTALA put doctors in states with restrictive laws in a difficult position, forcing them to balance medical expertise and legal consequences, which can lead to ethical dilemmas and risk patient well-being.
Deep dives
EMTALA: A Federal Law ensuring emergency medical treatment
The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law enacted in the 1980s to address concerns regarding hospitals turning away patients who couldn't afford healthcare in emergency situations. Under EMTALA, hospitals with emergency rooms that receive Medicare funds must provide stabilizing treatment to any patient presenting an emergency medical condition, regardless of their ability to pay. This law creates a minimum standard of care and aims to ensure that hospitals treat patients first and ask questions later. Although EMTALA does not specifically mention or focus on abortion, it has been amended to include the stabilization of both pregnant women and the unborn fetus in certain circumstances.
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