EMTALA lawyers Archives - Medical Malpractice Lawyers

Federal Appellate Court Affirms Dismissal Of Pro Se Plaintiff’s EMTALA Complaint

June 30, 2026

The United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of the pro se plaintiff’s EMTALA complaint in its unpublished Opinion filed on May 5, 2026, stating, in part: “Here, the district court properly determined that Plaintiffs failed to allege sufficient facts[...]

Federal District Court Dismisses EMTALA Claim

February 28, 2026

Plaintiff Todd Jeude filed an action under the Emergency Medical Treatment and Active Labor Act (EMTALA) and state law, alleging Defendants negligently discharged him from the hospital after treating him for injuries sustained in amotorcycle accident. He named as Defendants SSM St. Clare Hospital, K[...]

Emergency Medical Treatment and Labor Act (EMTALA) Lawsuits

February 23, 2026

An article appearing in Clinical Practice Cases Emergency Medicine in September 2025 entitled “Medical Malpractice in the Waiting Room: Who Is at Risk?” provides a helpful general analysis of the requirements of the Emergency Medical Treatment and Labor Act (“EMTALA”): Since [...]

New Mexico Federal Court Grants Summary Judgment Against Prisoner Alleging EMTALA Claim

October 2, 2025

Plaintiff suffered a stroke while in custody. He asserts that Defendants were negligent or failed to provide adequate medical care, which includes failing to identify and treat his stroke. On May 16, 2019, while detained pretrial at Curry County Detention Center, Plaintiff was seen by Wellpath nurse[...]

Georgia Appellate Court Revives EMTALA Screening Claim But Not EMTALA Stabilization Claim

December 18, 2024

The Estate of Minnie Lee Tomlinson, by and through its executrix, Cynthia Gouge Morrison, (the“Estate”) sued Houston Healthcare (the “Hospital”), alleging that when Tomlinson arrived at the Hospital’s emergency department in an unstable emergency medical condition resulting from her chroni[...]

Federal District Court Rules New Jersey Medical Malpractice Cap Applies In EMTALA Case

June 13, 2023

New Jersey Medical Malpractice Cap Applies In EMTALA Case: The United States District Court for the District of New Jersey Camden Vicinage (“federal court”) stated in its Memorandum Order filed on April 26, 2023: “Under § 1395dd(d)(2)(A), an individual who suffers harm as a direct[...]

Pennsylvania Hospital Patient Care Whistleblower Fired, Then Sues

October 28, 2013

A 13-year employee of a regional hospital in Pennsylvania, who at times worked as director of acute care services and quality project coordinator, filed a federal lawsuit against her former employer on October 22, 2013, alleging that she was told to leave the hospital premises on October 26, 2012 a[...]

Federal Patient Dumping Law Expanded To Extend Its Physical Coverage Reach

March 9, 2012

In yesterday’s blog, we discussed the Emergency Medical Treatment and Active Labor Act (“EMTALA”) enacted in 1986 by the U.S. Congress that was intended to prevent hospitals from “dumping” patients in need of emergency care (“patient dumping” is defined as[...]

Patient Dumping (The EMTALA Anti-Patient Dumping Statute)

March 8, 2012

The Emergency Medical Treatment and Active Labor Act (“EMTALA”) was enacted by the U.S. Congress to prevent hospitals from “dumping” patients in need of emergency care. The EMTALA was passed in 1986 in response to reports that hospitals were engaging in “patient du[...]

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