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Verdicts
With EMTALA Not Implicated, No Basis for Federal Jurisdiction
The U.S. District Court for the Western District of Washington dismissed a medical malpractice suit for lack of subject matter jurisdiction because, inter alia, the case was based on state-law tort claims, not on the federal Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. ' 1395dd. Jason v. Group Health Cooperative, 2012 U.S. Dist. Lexis 4454 (W.D.Wash. 1/13/12).
The plaintiff sought emergency treatment for what he thought was a heart attack from the defendant hospital on two occasions. He alleged that one physician and his homecare nurse requested that he be administered a Computed Tomography (CT) scan, but that two emergency physicians at the defendant hospital refused to order it. This action, plaintiff said, constituted violation of EMTALA, as it was a refusal by the defendant hospital to render emergency care to him.
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