Legal Opinion
Burks v. St. Joseph's Hospital
Wisconsin Supreme Court
Decided July 8, 1999No. 97-0466PublishedCited by 9 opinions
1Opinion of the CourtDavid T. Prosser, J.
¶ 1. The Wisconsin Patients Compensation Fund (Fund) seeks review of an unpublished court of appeals decision1 reversing the circuit court's conclusion that the Fund does not provide coverage for violations of the federal Emer*813gency Medical Treatment and Active Labor Act (EMTALA).2 The issue presented is whether the Fund is required to provide excess coverage for damages resulting from a hospital's refusal or failure to provide medical treatment to a severely premature infant, an alleged violation of EMTALA.
FACTS
¶ 2. On April 1, 1993, Shemika A. Burks (Burks) arrived at the emergency room of…
2Cases cited28 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Gatewood v. Washington Healthcare Corp.Court of Appeals for the D.C. Circuit · 1991
- Marshall Ex Rel. Marshall v. East Carroll Parish Hospital Service DistrictCourt of Appeals for the Fifth Circuit · 1998
- Roberts v. Galen of Virginia, Inc.Supreme Court of the United States · 1999
- Harold Summers v. Baptist Medical Center ArkadelphiaCourt of Appeals for the Eighth Circuit · 1996
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3Cited by9 opinions
- Czapinski v. St. Francis Hospital, Inc.Wisconsin Supreme Court · 2000
- Manitowoc Public Schools Self-Insured v. Wisconsin Patients Compensation FundWisconsin Supreme Court · 2003
- Monrouzeau v. Asociación Del Hospital Del Maestro, Inc.Court of Appeals for the First Circuit · 2005
- Rose v. CaheeDistrict Court, E.D. Wisconsin · 2010
- Preston v. Meriter Hospital, Inc.Wisconsin Supreme Court · 2005
4 more not listed; retrieve them via the Exa API.