Ingram v. Muskogee Regional Medical Center

Ingram v. Muskogee Regional Medical Center,
No. 99-7126 (10th Cir. Dec.18, 2000)

A patient was brought to the Emergency Department at Muskogee Regional Medical
Center suffering from a gunshot wound. The Emergency Department physician initiated
treatment and called the on-call surgeon who ordered the patient to be transferred
to the Intensive Care Unit. After the on-call surgeon came to the Medical Center,
he determined that the patient needed cardiovascular surgery and, because the
Medical Center lacked the necessary surgeons to perform this surgery, the patient
was transferred to another hospital. The patient’s next-of-kin agreed to this
transfer. Unfortunately, the patient died shortly after she was transferred
from the Medical Center. The patient’s next-of-kin brought a cause of action
against the Medical Center and the physicians involved in her care claiming
negligence. The plaintiff also alleged a violation of the Emergency Medical
Treatment and Active Labor Act (EMTALA), claiming that the Medical Center failed
to minimize the risk of transfer. The District Court granted summary judgment
in favor of the Medical Center and dismissed the lawsuit. The United States
Court of Appeals for the Tenth Circuit affirmed the grant of summary judgment
in favor of the Medical Center concluding that, in order to avoid liability
under EMTALA, each hospital must determine its own capabilities by establishing
standard procedures. In this case, the plaintiff failed to produce any evidence
that showed that there was a violation of existing hospital procedure.