Legal Opinion

41 soc.sec.rep.ser. 108, Medicare & Medicaid Guide P 41,490 Joyce Smith Green v. Touro Infirmary, Touro Infirmary

Court of Appeals for the Fifth Circuit

Decided June 4, 1993No. 92-9521PublishedCited by 31 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

In this case, several plaintiffs brought suit under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, alleging that a hospital failed to stabilize an individual’s emergency medical condition before discharging her. The hospital presented sufficient summary judgment evidence that it had stabilized the individual’s medical condition. The plaintiffs, however, chose not to offer any evidence contradicting the hospital’s contention that it had fulfilled its obligations under the statute. The district court granted the hospital’s motion for…

2Cases cited4 opinions

  1. Union Planters National Leasing, Inc. v. Roderick D. WoodsCourt of Appeals for the Fifth Circuit · 1982
  2. Rosalyn BROOKER, Plaintiff-Appellant, v. DESERT HOSPITAL CORP., Defendant-Appellee, California Medical Association, AmicusCourt of Appeals for the Ninth Circuit · 1991
  3. Fdic as Receiver for Thousand Oaks National Bank v. Walter K. MyersCourt of Appeals for the Fifth Circuit · 1992
  4. Stine v. Marathon Oil Co.Court of Appeals for the Fifth Circuit · 1992

3Cited by31 opinions

  1. Bernie Harry, as Personal Representative of the Estate of Lisa Normil, Deceased v. Wayne Marchant, M.D., Ali Bazzi, M.D.Court of Appeals for the Eleventh Circuit · 2002
  2. Marshall Ex Rel. Marshall v. East Carroll Parish Hospital Service DistrictCourt of Appeals for the Fifth Circuit · 1998
  3. Richard Thomas, Individually and as Special Administrator of the Estate of Chyrl Thomas v. Christ Hospital and Medical CenterCourt of Appeals for the Seventh Circuit · 2003
  4. Roger Dale Miller, Individually and O/b/o Nick Miller v. Medical Center of Southwest LouisianaCourt of Appeals for the Fifth Circuit · 1994
  5. 19 Employee Benefits Cas. 2297, Pens. Plan Guide P 23916e Warren A. Maher v. Strachan Shipping Company, United States of America, IntervenorCourt of Appeals for the Fifth Circuit · 1995

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