Muzaffar v. Aurora Health Care Southern Lakes, Inc.

DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

NANCY JOSEPH, United States Magistrate Judge.

This lawsuit, which arises under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd, presents an issue of first impression. Is a physician who enjoys privileges at a hospital an employee of that hospital for purposes of EMTALA’s whistleblower provision? For the reasons I explain in this decision, I answer in the affirmative and deny defendant’s motion to dismiss.

BACKGROUND

Plaintiff, Kamal Muzaffar, M.D. (“Dr. Muzaffar”), brings this lawsuit against Aurora Health…