EMTALA

Sophocleous v. Lawrence Mem'l Hosp., No. 07-3147 (10th Cir. Oct. 12, 2007)

The Tenth Circuit Court of Appeals affirmed a lower court's dismissal of a patient's Emergency Medical Treatment and Active Labor Act ("EMTALA") claims against a hospital, holding that the patient's allegations that she went to the hospital's emergency room, was diagnosed with a stomach flu, returned the next day and was diagnosed with an ovarian cyst did not support a valid claim under EMTALA. The court noted that EMTALA is "neither a federal malpractice nor a negligence statute" and that the patient's allegations did not support a cognizable claim such as "failing to conduct an appropriate medical screening" or "failing to further examine and treat a person whom the hospital has determined has an emergency medical condition."