Gonzalez-Morales v. Presbyterian Cmty. Hosp., Inc. — Nov. 2015 (Summary)

EMTALA

Gonzalez-Morales v. Presbyterian Cmty. Hosp., Inc., Civ. No. 13-1906 (PG) (D. P.R. Nov. 17, 2015)

The United States District Court for the District of Puerto Rico granted in part and denied in part a hospital’s motion to dismiss EMTALA-related claims made by a patient.

The patient was taken to the hospital’s emergency room presenting with symptoms of swelling and redness of the left arm, a recent insect bite to the left hand, and severe right hip pain. The patient was prescribed intravenous antibiotics and pain medication, and was discharged. However, she claimed that although the pain in her left arm had subsided, she had continued to complain of right hip pain and difficulty walking prior to being discharged. One day later she returned to the hospital but was discharged without being admitted. The patient then returned to the hospital three days later but was once again discharged without being admitted. As a result of her condition, she claimed to have suffered destruction of her right hip bone, chronic pain, and difficulty walking.

The first claim brought by the patient was a failure to screen claim. The court was unwilling to dismiss this claim because the patient had sufficiently articulated her cause of action. Also, the hospital had failed to counter the allegation that the screening she was provided during her three visits was not uniform to the level of screening the hospital provides other patients presenting with similar complaints. The second claim brought by the patient was a failure to stabilize claim. The court dismissed this claim because the patient never alleged that she was suffering from or was diagnosed with an emergency medical condition before her discharge.