Carodenuto v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Lewis R. Friedman, J.

In 1986 Congress adopted the Emergency Medical Treatment and Active Labor Act (EMTALA) (42 USC § 1395dd)1 which sets a Federal standard for certain aspects of emergency room treatment. This summary judgment motion by plaintiff and defendants’ cross motion to dismiss claims under *36342 USC § 1395dd call for the court to determine whether the EMTALA provides a new cause of action to be invoked in State court for improper emergency room treatment and the scope of that cause of action. Although there are cases in the Federal courts and in other States, there…