The Law Says a Hospital Can’t Turn Her Away. It Doesn’t Say Anyone Has to Be There.
Nicole Kruegel, a Partner at Rafferty Domnick Cunningham & Yaffa, examines the growing crisis of hospital labor and delivery unit closures in Florida in her article, “The Law Says a Hospital Can’t Turn Her Away. It Doesn’t Say Anyone Has to Be There.” The piece highlights how gaps in federal emergency care requirements can leave pregnant women without timely access to critical obstetric services.
Kruegel explains that the Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to evaluate and stabilize patients experiencing medical emergencies, including active labor. However, those obligations are limited by the staffing and resources available at each facility. As hospitals eliminate maternity services, patients may face dangerous delays when emergency transfers become necessary.
The article examines Florida’s widespread loss of obstetric units, particularly in rural communities, where expectant mothers may have to travel significant distances for delivery care. Kruegel also addresses the financial and operational pressures contributing to closures, while questioning whether existing legal protections adequately safeguard maternal and infant health.
To address these concerns, Kruegel advocates for stronger public notification requirements before maternity unit closures, increased investment in emergency obstetric readiness, and more consistent enforcement of existing patient protections.
Rafferty Domnick Cunningham & Yaffa continues its work addressing medical malpractice and patient safety issues affecting individuals and families.
