Climate Change Project

Table of Contents




Guide to: Burditt V. U.S. HHS, 934 F.2d 1362 (CTA 5th 1991)

Why does EMTALA apply in this case?

What is Burditt appealing?

What are Defendant's points on appeal?

Important Note - Statute has been strengthened as to labor since 1986.

When did Rosa arrive in the ER?

What was her obstetrical history?

Who saw her first?

What were her medical complications?

What was her financial situation?

Why did they call Burditt rather than have the ER doc deliver her?

What did Burditt say to do with her?

Why did he want to dump her?

What did the nurses do?

What did the nurses tell Burditt when he called back?

What was the medication order and why is this important?

Why was this only to be done if Rosa could be transported by ambulance?

What was the legal significance of the blood pressure?

What medical basis did Burditt claim for the transfer to Sealy?

Was Burditt made aware of the EMTALA requirements?

What was his real reason for the transfer?

What did Burditt swear to?

Did he complete the certification properly?

Did Burditt continue to care for Rosa?

Did Burditt see her at transfer?

Where was the baby delivered?

What did they do after the delivery?

Did Burditt see Rosa when she returned to at De Tar?

What was the HHS procedure in assessing the fine?

Wonder what was mitigating?

What decision is Burditt appealing?

What is the review standard?

What was his defense to this charge?

Is death deterioration?

Is active labor a medical definition?

Did EMTALA apply to every woman in labor?

What is the policy behind EMTALA?

What is the problem with reading clause B literally?

What does this court think is allowed?

Was there enough time?

What is the substantial evidence?

Does the patient have to be injured to trigger EMTALA?

What is the rule of construction the court used?

What does this mean?

What else could they do?

What is the test the court uses?

Is this meant to be general malpractice remedy?

What got him in big trouble?

What was the KEY finding?

Is ignorance of the law a defense?

Do you have to be right about the appropriateness of the transfer?

Is it just the vehicle that must be safe?

Does the agency have to prove bad intent?

What is the statutory language establishing the penalty?

What is Burditt's legal relationship with the hospital?

Does EMTAL require an employment contract?

What is the standard for an EMTALA violation?

If the hospital is not a party, how can you prove that it made a knowing violation?

If Burditt does not read the statute, is he off the hook?

What were the facts that supported actual knowledge?

Why did Burditt say he transferred her?

What was the intent of the civil penalties?

Who gets to decide the standards for the penalty?

What is the standard of review for things within the agency's special expertise?

What were aggravating circumstances?

Mitigating circumstances?

Did DAB buy the lack of prenatal care?

What does "Assuming arguendo" mean?

Does EMTALA impose requirements on physicians at all?

Why is the law tied to Medicare?

What is the medical malpractice case against Burditt and the hospital?

What is the EMTALA case against the hospital?

What are the elements?

What facts support the elements?

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