EMTALA Archives - Medical Malpractice Lawyers

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 [...]

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[...]

Federal Appellate Court Affirms No Violation Of EMTALA

July 22, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) affirmed in its decision dated June 28, 2021: “Beginning with the EMTALA [Emergency Medical Treatment and Active Labor Act] claims, we agree that the operative complaint alleges no facts that wou[...]

Indiana Appellate Court Refuses To Allow Medical Malpractice Plaintiff To Add Federal EMTALA Claim

March 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on February 18, 2020 that the trial court properly denied the Indiana medical malpractice plaintiff’s request to amend his medical malpractice complaint to add an additional count alleging a feder[...]

Alabama Patient Dumping Lawsuit Settled

October 18, 2016

It has been reported that an Alabama patient dumping lawsuit that had been filed in 2013 was settled for an undisclosed sum with the patient’s family on October 6, 2016. The patient died from hypothermia and other complications about a week after he was dumped on a public street by the defenda[...]

Kentucky Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case

May 10, 2016

In its opinion filed on May 5, 2016, the Supreme Court of Kentucky (“Kentucky Supreme Court”) affirmed the $1.45 million punitive damages award against the defendant hospital in a Kentucky medical malpractice case, finding that the hospital’s offensive conduct exhibited a gross in[...]

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[...]

Tag: EMTALA