Johnson v. Finch

BOYLE, District Judge:

This action arises out of plaintiff’s claim to recover hospital insurance benefits for emergency inpatient hospital services rendered to his wife, now deceased, under the Social Security Act of 1965 and the Social Security Amendments of 1967, Section 1801 et seq., 42 U.S.C. § 1395 et seq., the Medicare provisions.

There is no dispute as to any of the material facts surrounding Mrs. Malina Johnson’s hospitalization. On October 29, 1968, Mrs. Johnson, a 70-year old woman who at the time was experiencing severe abdominal pains, was examined by her doctor of ten years’…