Holcomb v. Monahan
Opinion of the Court
This case involves the Emergency Medical Treatment and Active Labor Act (“EMTA-LA”), 42 U.S.C. § 1395dd, et seq. Plaintiff, administratrix of the estate of Barbara Jean
Section 1395dd(a) of EMTALA requires hospitals to provide persons requiring emergency medical treatment with “an appropriate medical screening examination.” The Act does not define “appropriate medical screening.” But, the congressional purpose behind the enactment of EMTALA
We reject Plaintiffs argument that the “appropriateness” of the screening should be determined by its adequacy in identifying the patient’s illness. Section 1395dd(a) is not designed to redress a negligent diagnosis by the hospital; no federal malpractice claims are created. As long as a hospital applies the same screening procedures to indigent patients which it applies to paying patients, the hospital does not violate this section of the Act. As the district court noted, no evidence suggests that Humana treated Ms. Smith differently from other patients. Holcomb, 831 F.Supp. at 834. Thus, Humana was entitled to summary judgment on the section 1395dd(a) claim.
Plaintiff also alleges that Humana violated section 1395dd(b) which says that after a hospital determines that a person suffers from an “emergency medical condition” it must provide whatever treatment, within its capabilities, is needed to stabilize the condition before transferring or discharging the patient.
The judgment of the district court is AFFIRMED.
. The facts of the case are undisputed and are contained in the district court opinion. See Holcomb v. Humana Medical Corp., 831 F.Supp. 829 (M.D.Ala. 1993).
. Congress enacted EMTALA to prevent “patient dumping” (the practice whereby private hospital emergency rooms refuse to treat indigent patients by transferring them to public hospitals or turning them away). H.R.Rep. No. 241, 99th Cong., 1st Sess., pt. 3 at 5 (1986) repñnted in 1986 U.S.C.C.A.N. 579.
.An emergency medical condition is defined as one “manifesting itself by acute symptoms of sufficient severity (including severe pain) ...”. 42 U.S.C. § 1395dd(e)(l).
Reference
- Full Case Name
- Rosie Nell HOLCOMB, as Administratrix of the Estate of Barbara Jean Smith v. Paul P. MONAHAN, M.D., Humana Medical Corporation, Inc., d/b/a Humana Hospital-Montgomery
- Cited By
- 33 cases
- Status
- Published