EMTALA

Brief - Court Dismisses Malpractice Claims as Predicate for EMTALA Violation - Reynolds v. MaineGeneral Health, 218 F.3d 78 (1st Cir. 2000)

Plaintiff's decedent was involved in a serious automobile accident and was taken to the defendant hospital.  He was evaluated in the ED and taken to surgery.  After a prolonged course in the hospital and additional surgery, he was discharged and later died of a massive pulmonary embolism.  Plaintiff alleged that decedent suffered from a hypercoagulability disorder which should have been diagnosed and managed during his stay in the hospital.  Plaintiff claimed that decedent did not receive a proper screening pursuant to the requirements of EMTALA because he was not asked about this disorder and was not tested for it.  After a good review of the applicable case law, the court followed the rule in other circuits and found that these claims were for malpractice and did not state a claim under the EMTALA.