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.
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