Our Blog

Sep
20

Morgan

Morgan v. N. Miss. Med. Ctr., Inc., 403 F. Supp. 2d 1115, 2005 U.S. Dist. LEXIS 31512 (S.D. Ala. 2005) This is a very detailed District Court opinion that grappled with the issue of whether admitting an individual as an inpatient eliminates liability…

Sep
20

Thornton

Thornton v. Southwest Detroit Hosp., 895 F.2d 1131, 1990 U.S. App. LEXIS 1643 (6th Cir. 1990) After suffering a stroke, the patient sought care at the hospital’s emergency room and was subsequently admitted. The patient spent ten days in the ICU and eleven…

Mar
23

Marshall

Marshall ex rel. Marshall v. E. Carroll Parish Hosp. Serv. Dist., 134 F.3d 319, 1998 U.S. App. LEXIS 1806 (5th Cit. 1998) The patient was a fifteen-year-old girl who was brought the emergency room by ambulance. She was at school and “wouldn’t move.”…

Mar
23

Eberhardt

Eberhardt v. City of Los Angeles, 62 F.3d 1253, 1995 U.S. App. LEXIS 23052 (9th Cir. 1995) Neighbors of a 23 year old called the police to report that the patient was suffering from a heroin overdose. When paramedics arrived, the patient was…

Mar
23

Repp

Repp v. Anadarko Mun. Hosp., 43 F.3d 519, 1994 U.S. App. LEXIS 35640 (10th Cir. 1994) The patient made an outpatient visit to her physician complaining of a rash. He was diagnosed with shingles and prescribed medication. That same day, he experienced increased…

Mar
23

Power

Power v. Arlington Hosp. Ass’n, 42 F.3d 851, 1994 U.S. App. LEXIS 34586 (4th Cir. 1994) This lengthy and detailed opinion involved a patient who came to the emergency room of the hospital with pain in her left hip, abdomen, and back. After…

Mar
16

Beller

Beller v. Health and Hosp. Corp. of Marion County Indiana, 703 F.3d 388 (7th Cir. 2012) The patient, a 34 week-pregnant woman, called 911 after her water broke at home. The paramedic dispatched to the house diagnosed a prolapsed umbilical cord and attempted

Mar
16

Roberts

Roberts v. Galen of Virginia, 525 U.S. 249 (1999) This was the Supreme Court’s first pronouncement on EMTALA. The facts of the case involved a woman who was run over by a truck and rushed to the emergency room with severe injuries.

Mar
16

Harry

Harry v. Marchant, 291 F.3d 767, 2002 U.S. App. LEXIS 9222 (11th Cir. 2002)  The patient was brought to the ER by fire and rescue with an initial diagnosis of “pneumonia rule out sepsis.” The evaluating physician suggested admitting the patient to the…

Mar
16

Moses

Moses v. Providence Hospital and Med. Ctr., 561 F.3d 573, 2009 U.S. App. LEXIS 7049 (6th Cir. 2009) The hospital admitted the patient, who was brought to the hospital by his wife, for psychotic and “threatening behavior,” as well as a variety of…