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Verdicts
Hospital's Patient Transfer Did Not Violate EMTALA
A Pennsylvania hospital's motion to dismiss an EMTALA “stabilization claim” was granted after the trial court found that the plaintiff failed to show that he was suffering from an emergent condition, but alleged only that he should have been transferred to a second hospital sooner than he was actually transferred there. Baney v. Fick, PICS Case No. 15-0349 (M.D. Pa. Feb. 23, 2015) Mannion, J. (16 pages).
The plaintiff patient was admitted to Mount Nittany Medical Center on July 19, 2012, where he underwent elective cervical spine surgery. During surgery his esophagus was accidentally cut, so he was not immediately transferred to Hershey Medical Center. Instead, he remained at Mount Nittany until July 26, when he was transferred to Hershey Medical Center. The plaintiff brought suit against Nittany Medical Center and several medical practitioners there under section 42 U.S.C. ' 1395dd of the Emergency Medical Treatment and Active Labor Act (EMTALA), claiming that his life had been in peril but that the hospital failed to properly stabilize him or transfer him to another medical facility that would do so. The defendants moved to dismiss.
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