Abstract
We read with interest the article by DeTora and Cummings entitled, “Ethics and the Law: Practical Application in the Neonatal Intensive Care Unit”(1) from July 2015 NeoReviews and agree with both the educational gaps identified and the importance of understanding the legal and ethical influences on clinical decision-making. The article attempts to cover much ground and raises many issues worthy of additional discussion. We limit our comments to the authors’ speculation about the applicability of the Emergency Medical Treatment and Active Labor Act (EMTALA)(2) to the NICU and their use of the Texas case, Miller v HCA . (3) In Miller v HCA , the Millers brought 2 claims: battery and negligence. Both are malpractice claims. …
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