Sumner v. Summerlin Hosp. Med. Ctr. LLC — Feb. 2016 (Summary)

EMTALA

Sumner v. Summerlin Hosp. Med. Ctr. LLC
No. 2:14-cv-02121-JAD-VCF (D. Nev. Feb. 1, 2016)

The federal district court for Nevada dismissed an EMTALA complaint against a hospital, joining the many other courts who have ruled that EMTALA does not create a federal cause of action for malpractice. The litigation arose out of the death of a 91-year-old patient. The patient was taken to the emergency room where she complained of chest pain. After receiving a CT scan, the family was assured that she was not in immediate danger and that there was no life-threatening condition. However, early the next morning, she died from gallbladder torsion.

The family argued that the hospital violated EMTALA’s screening and stabilization requirements. However, the court disagreed because EMTALA violations do not occur if a hospital fails to detect or misdiagnoses an emergency condition. Furthermore, the court added that allegations of substandard care are cognizable under state tort law, not under EMTALA. The judge declined to exercise supplemental jurisdiction in relation to the remaining state law claims and remanded these claims back to a Nevada state court.