Perez v. Brookdale Univ. Hosp. & Med. Ctr (Summary)

EMTALA

Perez v. Brookdale Univ. Hosp. & Med. Ctr., No. 12-CV-5672 (E.D. N.Y. Nov. 8, 2013)

The United States District Court for the Eastern District of New York granted a motion for summary judgment filed by a hospital and other defendants in a suit brought on behalf of a deceased patient alleging, among others, a claim under the Emergency Medical Treatment and Active Labor Act (“EMTALA”).  The patient died 48 hours after the hospital discharged her.  Her family sued on behalf of themselves and the patient’s estate.  The hospital filed a motion to dismiss, arguing that the patient’s discharge, which occurred three weeks after her admission to the hospital, fell outside the scope of EMTALA.  The court agreed, concluding that the hospital satisfied its duties under EMTALA once it stabilized the patient and that “[a]ny malpractice, deterioration, or new disease acquired in the hospital was outside EMTALA’s concern.”  Accordingly, the court dismissed the EMTALA claim and declined to exercise supplemental jurisdiction over the remaining state law claims.