Lozoya v. Anderson

EMTALA

Lozoya v. Anderson, No. 07-cv-218-IEG-WMc (S.D. Cal. June 17, 2008)

A patient who was visiting the area in which the hospital was located sought treatment at the hospital’s emergency department for a severe shoulder fracture. The hospital gave the patient a sling and medication but allegedly refused her request to see an orthopedic surgeon or to be transferred to a larger local institution. Rather, the patient was allegedly discharged and told to see an orthopedic surgeon closer to her home. The patient sued the hospital in federal court for a violation of EMTALA and also sued the hospital for negligence.

The United States District Court for the Southern District of California denied the defendant hospital’s motion to dismiss the EMTALA claim. The court found that where the patient was given painkillers and a sling to stabilize her emergency medical condition, further factual development was needed to determine whether material deterioration was likely to result after discharge of the patient. However, the federal court then found that a plaintiff must comply with the state requirement that a medical expert affidavit be submitted with any state law malpractice claim. Therefore, this claim was dismissed with leave to amend.