Genova v. Banner Health (Summary)

EMTALA

Genova v. Banner Health, No. 12-1314 (10th Cir. Aug. 20, 2013)

The United States Court of Appeals for the Tenth Circuit ruled that a physician could not state a claim under the Emergency Medical Treatment and Active Labor Act (“EMTALA”) against a hospital after his services were discontinued following his complaints about overcrowding in the hospital’s emergency room.  The court noted that although EMTALA allows suits by individuals directly harmed by or retaliated against for reporting a failure of the hospital to stabilize, examine, or transfer a patient, the doctor instead complained about the hospital’s emergency room taking too many patients, the complete inverse of an EMTALA violation.

The physician’s argument that he was entitled to bring suit because he reported an impending EMTALA violation failed, as the statute only allows suits pertaining to existing violations and patient dumping, not alleged patient “hoarding.” Finally, the physician waived any right to his state claims in contract and tort because he had signed a separate agreement with the hospital releasing those claims.