

Pregnancy Required ER Visits

An ER Nurse Stated The ER Couldn’t Treat Hannah Since She Was In Active Labor
Carla reported that upon arrival, an ER nurse refused to provide ER services for Hannah. She said since Hannah was in active labor, they couldn’t see her. Carla pleaded for the staff to take care of Hannah. Instead, the ER nurse directed Carla to go to the University of California at San Diego hospital, 30 minutes away by car. But since her daughter was in labor, Carla thought the drive would be unsafe and ill-advised.Was “Active Labor” The Real Reason For Denial Of Care?
Though hospital staff said they couldn’t treat Hanna because she was in active labor, the ER reports that it sees around 300 patients each day. Additionally, the separate on-campus Sharp-Grossmont Hospital for Women and Newborns had a 24-bed Neonatal Intensive Care Unit (NICU). The ER staff was acutely aware that Hannah’s baby would be preterm, requiring intensive care in a NICU. Even so, they denied Hannah the emergency care she desperately needed for the birth.Violation Of EMTALA
By refusing care to a woman in labor, the intake staff at the Sharp-Grossmont ER appears to have violated the federal Emergency Medical Treatment and Labor Act (EMTALA). The law requires hospitals to screen and stabilize those who enter an emergency department seeking care. No exceptions are allowed. CMS regulations even require Emergency Departments to post signs outlining patients’ rights under EMTALA. EMTALA is no secret. When Hannah was denied care, the ER staff showed a reckless disregard for the safety of a 23-week preterm baby. However, with lax federal enforcement of EMTALA, some hospitals violate EMTALA for cost-saving or other reasons. Posts in a nurses’ Reddit forum on this case suggest EMTALA may have also been violated for other patients. “…We had to take several clients to Grossmont ER only for them to turn them around and tell them they had to go to another ER due to insurance issues.” “The only hospital that could regularly be counted on to try to tell me I couldn’t bring them there was Sharp Grossmont…Not surprised to see something like this happen there. So tragic for that mom and her baby.” —————————————————————————————————————————- Hannah and her mother left the ER. Carla called 911 seeking an ambulance for safe transportation to the University of California at San Diego Hospital. Unfortunately, she was told that 911 emergency services couldn’t help her. Frustrated, she hung up. Concerned about the circumstances of a woman in labor, the 911 dispatcher called the ER. She spoke with a nurse who sounded annoyed by Carla’s frustration over the ER’s refusal to provide care.Birth Occurred In The Car

Carla: “It happened fast. There was blood all over the seat. Her water had broken in the front seat of my car. She said something else is wrong, Mom. I put my hand in my pants, and I could feel his body.”
Hannah delivered the baby without the intensive medical care required to protect the extreme fragility of a 23-week-old baby. Right after the birth, a nurse from the ER arrived with a wheelchair. Carla and Hannah recalled the nurse rolling her eyes in disbelief when they told her the baby was born into Hannah’s underwear. Without checking to see if Baby Samuel was in Hannah’s underwear, the nurse transferred Hannah from the front seat of the car to a wheelchair. The jostling during the wheelchair ride had to be traumatic for an extremely vulnerable infant, on the edge of survivability.
Baby Samuel Suffered Trauma
EMTALA requires that the ER stabilize the infant to the extent possible. Baby Samuel was transferred to the NICU at the on-campus Sharp Hospital for Women and Newborns. Baby Samuel had pronounced bruising around the head, shoulders, and neck. Tests would show he suffered two severe intraventricular brain hemorrhages. Most hospitals require staff to immediately notify the Risk Manager about potentially fatal adverse events. Most hospitals have Risk Managers promptly prepare reports on such incidents by interviewing those who provided care. In this case, the NICU physicians were Drs. Wozniak and Rasmussen. Five days later, on May 10th, Baby Samuel was pronounced dead at 10:43 AM.📋 CMS Transfer Documentation Requirements
Under CMS regulations (42 CFR §489.24(e), when the Sharp-Grossmont ER staff transferred Baby Samuel to the NICU, the ER was required to provide the patient’s medical records, including the history related to the emergency condition. This documentation is required for transferring the patient and for billing purposes. Baby Samuel’s birth in the car was critical information to be provided to the NICU physicians, Drs. Wozniak and Rasmussen.Comments From Staff At Another NICU
Hospital Watchdog contacted staff at another NICU for their comments on this case. The staff spoke under the condition of anonymity. A Registered Nurse Certified in Neonatal Intensive Care: “Refusing immediate care to a mother in labor at 23 weeks essentially eliminates the baby’s chance of survival.” The female head of the NICU: “At 23 weeks, a delivery in an automobile and outside a hospital makes a catastrophic brain hemorrhage much more likely.” A neonatologist: ” A traumatic delivery outside a hospital exposes the premature baby to hypoxia (insufficient oxygen) and mechanical stress (physical forces that can damage the brain), further worsening an already poor prognosis and likely resulting in fetal demise.”
Carla: “They decided to take him off of everything except for his intubation tube so Hannah could have skin-to-skin contact with him until he stopped breathing.”
NICU Physician Created A Death Report That Omitted Baby Samuel’s Traumatic Birth


Dr. Rasmussen Completed The Death Certificate But Omitted Traumatic Birth & Associated Injuries

Consider The Conduct of the Caregivers! First, Care For A Mother In Labor Is Denied. After Causing A Tragic Event, Caregivers Claim In A Legal Filing That They Are Not Responsible, In Any Way, For The Fatality That Followed. 
Hospital’s response to plaintiff’s amended complaint
