How Should Clinicians Respond When Different Standards of Care Are Applied to Undocumented Patients?

The Emergency Medical Treatment and Active Labor Act in 1986 was intended to bring an end to incidents of “patient dumping.” However, due to the conflation of various federal legislative provisions, hospitals faced with the prospect of long‐term unreimbursed care of an immigrant patient, whether legally present in the United States or not, are in some cases having such patients transported to another country. These transfers are often being effectuated without patient consent. After an overview of the flaws in the legal system that have effectively encouraged such patient transfers, this essay uses a clinical case to demonstrate how physicians can collaborate with an interdisciplinary team and with family members to ensure that the best interests of immigrant patients are met. Finally, the essay calls on physicians to advocate for the development of hospital policies and practices that will protect patients from international patient dumping.

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Care of the Stranger: Medical Deportation of Noncitizens

Loue

2020

Case Studies in Society, Religion, and Bioethics

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How Should Clinicians Respond When Different Standards of Care Are Applied to Undocumented Patients?

Cited by 5 publications

References 8 publications

Ethical issues in the access to emergency care for undocumented immigrants

Ethical issues in the access to emergency care for undocumented immigrants

The New Wallet Biopsy and Involuntary Patient Transfers Abroad: How Physicians Can Help Protect Patients

Care of the Stranger: Medical Deportation of Noncitizens

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