Lemons v. Board of County Commissioners,

Lemons v. Board of County Commissioners,

No. 00-2292-KHV (D. Kan. Aug. 8, 2001)

The District Court of Kansas permitted the guardian of a surviving patient to amend
a negligence complaint to add a claim that the hospital defendant had violated
EMTALA by failing to provide stabilizing medical treatment prior to transferring
the surviving patient. The complaint was found to have adequately stated that
the hospital had failed to follow its own standard practices and policies relative
to stabilization, as is required to assert a private EMTALA claim.