A pregnant woman whose child died after the mother was being discharged from a hospital’s emergency room had a viable claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), the 1st U.S. Circuit Court of Appeals has ruled ...

Tagged with: Emergency Medical Treatment and Active Labor Act EMTALA medical malpractice

A medical malpractice plaintiff’s expert couldn’t be excluded on the ground that the witness had given up his practice in order to testify against doctors and hospitals, the 1st Circuit has ruled in reversing judgment.

Tagged with: Emergency Medical Treatment and Active Labor Act expert witness medical malpractice

A hospital’s motive is not an element of liability under the Emergency Medical Treatment and Active Labor Act (EMTALA), the Kentucky Supreme Court has ruled.

Tagged with: Emergency Medical Treatment and Active Labor Act EMTALA wrongful death

A hospital was not liable under federal emergency treatment law for failing to stabilize a patient who died before he could be transferred to another facility for life-saving surgery, the 1st Circuit has ruled in affirming a summary judgment.

Tagged with: Emergency Medical Treatment and Active Labor Act medical malpractice

The mother of a child born with severe brain damages could not sue under federal emergency medical treatment law based on her referral to a hospital from an outpatient facility, the 3rd Circuit has ruled in affirming a summary judgment.

Tagged with: Emergency Medical Treatment and Active Labor Act