St. John's Health in Jackson, Wyo., is denying allegations of negligence in a patient's death, arguing the case should not be filed under the Emergency Medical Treatment and Labor Act but as a state malpractice suit, WyoFile reported Oct. 21.
Ociel Perez was an uninsured, undocumented immigrant who sought treatment at St. John's emergency department in July 2022. His widow filed a federal lawsuit this summer against the hospital, physicians, and contractors, alleging violations of EMTALA, two clauses in the 14th Amendment and part of the Wyoming Constitution.
Mr. Perez had been referred to the emergency department after visiting an urgent care clinic with suspected cellulitis or a perirectal abscess. At the emergency department, he was diagnosed with a perirectal abscess, which was drained, rinsed and packed with gauze. He was discharged but returned to the hospital five days later. His health deteriorated, and he was diagnosed with advanced Fournier's gangrene, hyponatremia, diabetic ketoacidosis and other serious health conditions. Mr. Perez was then transferred to Eastern Idaho Regional Medical Center but died while awaiting a second transfer to a higher level of care in Salt Lake City.
The lawsuit alleges that physicians at St. John's provided a "dangerously inadequate" course of treatment and failed to do enough to save his life. It also claims that the lack of disciplinary action against the physicians indicates that substandard treatment of uninsured, undocumented immigrants is part of the hospital's customs, policies, practices and training.
“St. John's Health denies all allegations of medical malpractice by it and its healthcare providers and will vigorously defend the state law claims of medical malpractice and the federal claims if they survive St. John's motion to dismiss," a hospital spokesperson told Becker's.
The hospital rebutted the claims, stating in court filings that Mr. Perez "was provided thorough emergency medical care and treatment." It argued that, at most, the complaint describes a case of medical malpractice under state law, second-guessing the medical decisions of several physicians.
St. John's contended that Mr. Perez was stabilized and noted that he spent five days at home before returning to the hospital.
"EMTALA does not require hospitals to provide comprehensive healthcare but rather necessary stabilizing treatment for an identified emergency condition," the hospital stated in its filing. "In short, it requires an emergency department to complete a medical screening examination within the capabilities of the hospital and stabilize a patient with an emergency medical condition before discharge or transfer. … To suggest this is a case of discrimination under the Fourteenth Amendment or a patient-dumping claim under EMTALA is not only offensive but disregards the nature and degree of care provided to Mr. Perez by St. John's Health and its providers."