Cruz-Vazquez v. Mennonite Gen. Hosp., Inc. (Summary)

EMTALA – DISPARATE SCREENING

Cruz-Vazquez v. Mennonite Gen. Hosp., Inc., No. 11-2297 (1st Cir. May 29, 2013)

In this EMTALA case, the United States Court of Appeals for the First Circuit vacated and remanded a lower court’s grant of summary judgment in favor of a hospital. A woman brought suit against the hospital after it failed to follow its third trimester bleeding protocol, allegedly leading to the death of the woman’s child. The lower court dismissed the woman’s EMTALA claim, finding that her claims were as to “faulty” screening (a state malpractice claim) rather than “disparate” screening, which would fall under the scope of EMTALA.

The circuit court found that the lower court erred in granting summary judgment. The hospital’s policy was straightforward and was meant for all patients presenting a very specific set of symptoms. While the circuit court recognized there was a factual question as to whether the treating physicians were justified in treating the patient differently from other patients presenting with like symptoms based on other information they had, a trialworthy issue existed that must be presented in court.