Posted On: July 30, 2011 by Will Nefzger

Norton Immediate Care Center Heatstroke Treatment Denial Dispute Continues

A previous post explored this situation, and now some new information has become available. Cody Johns' stepfather stated to a Jefferson County deputy coroner that a Norton employee came out to the parking lot with a wheelchair, but told him there was nothing they could do for him and advised them to go to an emergency room. Norton denies this.

A 911 call tape that has been released demonstrates Mr. Johns' stepfather asking the dispatcher to call Norton and ask that they come out and help them in the parking lot where they stayed until EMS arrived. Mr. Johns' body temperature reportedly was measured at 110 degrees at the hospital.

As we stated her before, from a legal perspective, there are a number of issues that arise. In addition to the workers' compensation benefits and medical malpractice/wrongful death claim issues, Norton's actions here could violate the Emergency Medical Treatment and Active Labor Act (“EMTALA”). EMTALA is a federal law that prohibits the denial of emergency medical treatment. However, it is unclear if the immediate care center at issue here would be subject to the law.

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