Climate Change Project

Table of Contents



Guide to Spradlin v. Acadia-St. Landry Medical Foundation, 758 So.2d 116 (La. 2000)

What are the three types of claims?

What was the basis for the exception of prematurity?

Why was plaintiff brought to the hospital?

Was she seen by a physician?

Were tests ordered?

What was the diagnosis?

What did the physician recommend?

What did the plaintiff plead about the defendant's actions to trigger EMTALA?

What was the outcome?

What did the trial court rule about the exception?

Were the causes separable?

What does an exception of prematurity tell us about the elements of the plaintiff's prima facia case?

What was the defendant's explanation for the exception?

How do the LA courts use malpractice?

What does the court say about hospitals and professional services?

What is it about the hospital's role that the court said contributed to the passage of EMTALA?

What was the order of passage for the LA Medical Malpractice Act, the LA anti-dumping act, and EMTALA?

Why does the order matter for the LA laws?

How does the court say the medical malpractice law construed and why?

Do they practice what they preach?

Who does the LA anti-dumping law apply to?

What does it forbid?

What is the sanction for violations?

Remember Hill-Burton?

What does the court say EMTALA requires of hospitals?

What is the hypo from Power v. Arlington Hosp?

What is the statute of limitations for EMTALA?

Can it be tolled?

What does EMTALA say about preemption of state law?

What is the formula for analyzing preemption?

Does EMTALA explicitly preempt all related state laws?

What does it preempt?

How does the medical review panel cause a conflict between state and federal law?

Is there a conflict between the state and federal laws in all cases?

Does it matter if there are some cases where there is no conflict?

Can the state limit federal claims?

What about federal tort claim actions?

Where do the federal courts the tort law for tort claims act cases?

What does the court say about the intent requirement for EMTALA?

What was the ruling?


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