EMTALA

In re Rivera,
No. CIV. 02-1407(PG) (D.P.R. Oct. 7, 2003)

The United States District Court for the District of Puerto Rico granted summary judgment in favor of a hospital on an EMTALA claim brought by the estate of a patient. The claim alleged that the hospital failed to satisfy its duty to stabilize the patient after he presented to the hospital following an automobile accident. The court dismissed the claim, noting that the duty to stabilize "applies only in the context of patients who are discharged or transferred to another hospital." Since the hospital neither transferred nor discharged the plaintiff, or even considered such action, there was no EMTALA violation. The court declined to exercise supplemental jurisdiction over a negligence claim filed under Puerto Rico law and dismissed that claim without prejudice.