EMTALA

Barrios v. Sherman Hosp., No. 06C2853 (N.D. Ill. Dec. 15, 2006)

The United States District Court for the Northern District of Illinois refused to dismiss an Emergency Medical Treatment and Active Labor Act claim filed against a hospital by a patient who alleged that: she presented to the emergency department in active labor and extreme pain, the hospital failed to properly screen her in order to determine whether she was experiencing a medical emergency, she then miscarried in the washroom facility at the hospital, and she was discharged prior to delivery of the placenta. The court held that the patient had properly pled an EMTALA claim.