Preston v. Meriter Hospital, Inc.

¶ 47. (dissenting). The majority errs in its review of the Emergency Medical Treatment and Active Labor Act (EMTALA) screening claim by concluding that Preston's complaint1 states a claim upon which relief can be granted, as did the court of appeals, because its analysis of EMTALA overlooks Bridon's status as an inpatient.2 I conclude that the screening provision of EMTALA, 42 U.S.C. § 1395dd(a) (1994),3 does not apply to hospital inpatients. Because Bridón became an inpatient when his mother was admitted before his birth, the screening provision of EMTALA does not apply to him. Therefore,…