Martinez v. Hosp. Menonita De Cayey

Martinez v. Hosp. Menonita De Cayey,
No. 01-2257 (1st Cir. Mar. 26, 2002)

A patient sued a hospital for violations of EMTALA based on the emergency room
staff’s conclusion that the patient was not suffering from an emergency condition
after he swallowed part of a pork chop. The United States Court of Appeals,
First Circuit, ruled that EMTALA only applies to cases alleging differential
treatment or refusing to screen at all. The court concluded that negligence
cases such as faulty screening and other "garden variety malpractice"
claims are not actionable under EMTALA.