The marketing concept, patient dumping and EMTALA

Abstract

PurposeThe purpose of this paper is to show that in the presence of the marketing concept something is fundamentally wrong in our national health care system where patients are denied emergency medical treatment or are prematurely transferred from one hospital to another because they cannot guarantee payment.Design/methodology/approachA viewpoint is discussed citing supporting literature.FindingsThe literature suggests an adverse relationship between the marketing concept and the Emergency Medical Treatment and Active Labor Act (EMTALA) and further suggests that the two are failing indigent patients. The marketing concept as a driving business philosophy is too simplistic and commercially oriented to befit an emergency setting. At the same time, EMTALA suffers from serious shortcomings, shackles hospitals' freedom of contract and threatens the economics of health care.Research limitations/implicationsThe paper lacks quantitative research to back its position.Practical implicationsIt is not enough to coin positively sounding theories within healthcare marketing when these theories are inadequate in addressing the stark realities behind supply and demand. EMTALA as a remedial measure falls short in correcting the situation and a fresh outlook at the problem is warranted.Originality/valueThe paper taps into marketing and legal expertise in bringing together the marketing concept and EMTALA, two subjects that have never been twinned before in the literature. The subjects are of special interest in understanding the treatment of indigent patients.