bsection (c) requires the hospital to meet certain transfer conditions if the individual's emergency medical condition is not stabilized. The hospital cannot be held to stabilize an emergency situation without knowing an emergency exists."); Baber, 977 F.2d at 883 (holding that section 1395dd(c)'s "transfer requirements do not apply unless the hospital actually determines that the patient suffers from an emergency medical condition."); see Gatewood, 933 F.2d at 1041 (stabilization and transfer provisions "are triggered only after a hospital determines that an individual has an emergency medical condition"); Cleland, 917 F.2d at 271 ("[i]f the emergency nature of the condition is not detected, the hospital cannot be charged with failure to stabilize a known emergency condition"); Thornton v. Southwest Detroit Hosp., 895 F.2d 1131, 1134 (6th Cir. 1990) (holding that EMTALA requires hospitals to stabilize patient "[o]nce a patient is found to suffer from an emergency medical condition"); Coleman v. McCurtain Memorial Medical Mgt., Inc., 771 F. Supp. 343, 346 (E.D.Okla. 1991) ("a plain reading of the Act dictates that the provisions concerning stabilization and transfer are implicated only after the hospital determines that an emergency medical condition exists"). While conceding that the vast majority of case law is against her on this issue, indeed she cites no contrary case law and the court has not located any such authority, Brodersen argued at the hearing and in her supplemental brief that the determination of whether the Hospital had actual knowledge of Kendall's emergency medical condition when he was released on the morning of January 27, 1995, is a question for the trier of fact. Although the court finds this to be an extremely close question, given the evidence generated to date, the court concludes that a material fact question exists on the issue of whether or not the Hospital knew Kendall had an emergency medical condition when he presented on the morning of January 27, 1995.
Thus, the plain language of the statute dictates a standard requiring actual knowledge of the emergency medical condition by the hospital staff. See also Gatewood, 933 F.2d at 1041 (stabilization and transfer provisions "are triggered only after a hospital determines that an individual has an emergency medical condition"); Cleland, 917 F.2d at 271 ("[i]f the emergency nature of the condition is not detected, the hospital cannot be charged with failure to stabilize a known emergency condition"); Thornton v. Southwest Detroit Hosp., 895 F.2d 1131, 1134 (6th Cir. 1990) (EMTALA requires hospitals to give stabilizing treatment "[o]nce a patient is found to suffer from an emergency medical condition"); Coleman v. McCurtain Memorial Medical Mgt., Inc., 771 F. Supp. 343, 346 (E.D.Okla. 1991) ("a plain reading of the Act dictates that the provisions concerning stabilization and transfer are implicated only after the hospital determines that an emergency medical condition exists"). Mr. Baber failed to present any evidence that RGH had actual knowledge that Ms. Baber suffered from an emergency medical condition. Dr. Kline stated in his affidavit that Ms. Baber's condition was stable prior to transfer and that he did not believe she was suffering from an emergency medical condition. While Mr. Baber testified that he believed his sister suffered from an emergency medical condition at transfer, he did not present any evidence beyond his own belief that she actually had an emergency medical condition or that anyone at RGH knew that she suffered from an emergency medical condition.
Congress enacted EMTALA in 1986 to "address and alleviate the problem of `patient dumping' practiced by hospitals throughout the country." Coleman v. McCurtain Memorial Medical Management, Inc., 771 F. Supp. 343, 345 (E.D.Okla. 1991). EMTALA imposes two requirements on any hospital which participates in the Medicare program: (1) the hospital must conduct appropriate medical screening to persons visiting the hospital's emergency room; and (2) the hospital may not, subject to certain exceptions, transfer out of the hospital a patient whose medical condition has not been stabilized.
Congress enacted EMTALA to "address and alleviate the problem of `patient dumping' practiced by hospitals throughout the country." Coleman v. McCurtain Memorial Medical Management, Inc., 771 F. Supp. 343, 345 (E.D.Okla. 1991). "Patient dumping" is the practice of transferring patients to another facility or refusing to treat patients who are indigent or have no health insurance.
Congress enacted 42 U.S.C. § 1395dd, as part of the Consolidated Omnibus Reconciliation Act of 1986 (COBRA), to "address and alleviate the problem of 'patient dumping' practiced by hospitals throughout the country." Coleman v. McCurtain Memorial Medical Management, Inc., 771 F. Supp. 343, 345 (E.D.Okla. 1991). "Patient dumping" is the practice of transferring patients to another facility or refusing to treat patients who are indigent or have no health insurance.
Lopez-Soto v. Hawayek, 988 F. Supp. 41, 46 (D.P.R. 1997) (citing 28 U.S.C. § 1367 and United Mine Workers v. Gibbs, 383 U.S. 715, 725 (1966)), reversed on other grounds, 175 F.3d 170 (1st Cir. 1999). Collins, 963 F.2d at 308; Gatewood, 933 F.2d at 1039; Power v. Arlington Hosp., 800 F. Supp. 1384, 1389 n. 15 (E.D. Va. 1992), aff'd, 42 F.3d 851 (4th Cir. 1994); Coleman v. McCurtain Memorial Medical Management, Inc., 771 F. Supp. 343, 344 (E.D. Okla. 1991), overruled by Collins, 963 F.2d 303; Deberry, 741 F. Supp. at 1303; Nichols v. Estabrook, 741 F. Supp. 325, 326 (D.N.H. 1989); Evitt v. University Heights Hosp., 727 F. Supp. 495, 498 (S.D. Ind. 1989). Mark R. Bower Charles S. Gucciardo, Proving A Separate Cause of Action in Malpractice Cases for Violation of the Federal "Anti-Dumping" Act, VERDICTS, SETTLEMENTS TACTICS, May 1994, at 147.
Whether the COBRA claim here is in reality only a traditional malpractice claim, as the Hospital argues, is an issue of fact, not pleading, and might be the subject of a motion for summary judgment as in Stewart v. Myrick, 731 F. Supp. 433 (D. Kan. 1990), and Evitt v. University Heights Hosp., 727 F. Supp. 495 (S.D. Ind. 1989). See also Anadumakav v. Edgewater Operating Co., No. 91 C 5374, 1992 WL 6726 (N.D. Ill. 1992); Coleman v. McCurtain Memorial Medical Management. Inc., 771 F. Supp. 343 (E.D. Okla. 1991); Lee, 778 F. Supp. at 903. Compare Deberry v. Sherman Hosp. Ass'n, 741 F. Supp. 1302 (N.D. Ill. 1990) with Deberry v. Sherman Hosp. Ass'n, 769 F. Supp. 1030 (N.D. Ill. 1991).