Legal Opinion

Cox v. Cabell Huntington Hospital, Inc.

District Court, S.D. West Virginia

Decided March 2, 2012No. Civil Action No. 3:11-0843PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending is Defendant Cabell Huntington Hospital (“CHH”)’s Motion to Dismiss (ECF No. 8). For the following reasons, the Court DENIES the motion.

I. Background

On November 2, 2011, Plaintiff Carl B. Cox filed a claim in this Court under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd et seq. Cox alleges that on November 6, 2009, he presented to the emergency treatment facility at CHH with a severely commuted arm fracture and a pain level of 10 on a 1 to 10 scale. Cox alleges he was discharged from…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  4. Winifred Hardy v. New York City Health & Hospitals Corp. And Queens Hospital CenterCourt of Appeals for the Second Circuit · 1999
  5. Mylan Laboratories, Inc. v. MatkariCourt of Appeals for the Fourth Circuit · 1993

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3Cited by1 opinion

  1. Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D.Indiana Court of Appeals · 2020

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