Legal Opinion
In the Matter of Baby "K" (Three Cases)
Court of Appeals for the Fourth Circuit
Decided February 10, 1994No. 93-1899, 93-1923 and 93-1924PublishedCited by 58 opinions
1Opinion of the Court
OPINION
WILKINS, Circuit Judge:
The Hospital1 instituted this action against Ms. H, Mr. K, and Baby K, seeking a declaratory judgment that it is not required under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C.A. § 1395dd (West 1992),2 to provide treatment other than warmth, nutrition, and hydration to Baby K, an anencephalic infant. Because we agree with the district court, 832 F.Supp. 1022, that EMTALA gives rise to a duty on the part of the Hospital to provide respiratory support to Baby K when she is presented at the Hospital in respiratory distress and treatment…
2Cases cited11 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Savage v. JonesSupreme Court of the United States · 1912
- Iselin v. United StatesSupreme Court of the United States · 1926
- Elease Thornton v. Southwest Detroit HospitalCourt of Appeals for the Sixth Circuit · 1990
- Gatewood v. Washington Healthcare Corp.Court of Appeals for the D.C. Circuit · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Bernie Harry, as Personal Representative of the Estate of Lisa Normil, Deceased v. Wayne Marchant, M.D., Ali Bazzi, M.D.Court of Appeals for the Eleventh Circuit · 2002
- Franklin D. Vickers, of the Estate of Martin Wade Vickers v. Nash General Hospital, Incorporated James R. Hughes, M.D.Court of Appeals for the Fourth Circuit · 1996
- Eberhardt v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1995
- Power v. Arlington Hospital Ass'nCourt of Appeals for the Fourth Circuit · 1994
- Bottoms v. BottomsSupreme Court of Virginia · 1995
53 more not listed; retrieve them via the Exa API.