Climate Change Project

Table of Contents



Summers v. Baptist Medical Center Arkadelphia, 91 F.3d 1132 (8th Cir. 1996)

What was the procedural history?

How was Plaintiff injured?

What was the plaintiff's complaint in the ER?

What did the ER doc x-ray?

Did the ER doc examine the Plaintiff's chest?

Was he indigent?

What was Plaintiff's diagnosis?

Did Plaintiff say he was satisfied with that?

What did the Doc do?

How was the ride home?

What did the CT scan show 2 days later?

What are the damages related to missing the chest injuries?

What was Plaintiff's EMTALA claim?

What did the court find was the purpose of EMTALA?

What did the legislative history say?

What are the limitations of legislative history?

What did Judge Wilkerson in the Vicker's case say about the purpose of EMTALA?

Does the Plaintiff have to prove a bad motive for an EMTALA claim?

When is EMTALA strict liability?

What is the key to an EMTALA claim based on inproper (as opposed to no) screening?

What is the patient's basic entitlement under EMTALA?

What was Plaintiff's claim of disparate treatment?

Did the ER doc make a conscious choice to not order the x-ray?

What happened in the Vickers case?

What did Correa have to say about negligence screening?

What was the bottom line on Plaintiff's EMTALA claim?

Did the court require that screening procedures be written?

What would you recommend to your clients on this issue?

What was the claim under 1395dd(b)(1)?

Why does this claim fail?

What did the dissent say the majority improperly assumed that would have changed the result in the case?


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