Muzaffar v. Aurora Health Care S. Lakes, Inc. (Summary)

EMTALA

Muzaffar v. Aurora Health Care S. Lakes, Inc., No. 13-CV-744 (E.D. Wis. Nov. 27, 2013)

The United States District Court for the Eastern District of Wisconsin denied a hospital’s motion to dismiss, finding that a physician with privileges is an employee of a hospital for purposes of EMTALA’s whistleblower provision. The physician brought suit against the hospital claiming he was retaliated against because he reported patient transfers that he believed violated EMTALA. The court found that the purpose of EMTALA – to prevent “patient dumping” – would be frustrated if a physician who had staff privileges was not considered an employee for the purposes of the whistleblower provision. The court reasoned that enforcement of the EMTALA statute is dependent on those working in hospitals who are in the best position to observe violations and that a physician with privileges is in this ideal position to observe whether a hospital made an inappropriate transfer. Not deeming a physician with privileges an “employee” for the purposes of the whistleblower provision goes against the intent of the statute.