· 10/31/1995
Correa v. Hospital San Francisco
Citations
- 69 F.3d 1184
- 33 Fed. R. Serv. 3d 884
- 1995 U.S. App. LEXIS 30978
- 1995 WL 627505
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, notwithstanding Congress’s focus on patient dumping, an individual’s financial status plays no part in determining the reach of subsection (a)
- holding that to establish a violation of the duty to stabilize, the plaintiff must prove, inter alia, that the hospital “bade farewell” to the patient
- holding that “EMTALA does not create a cause of action for medical malpractice”
- holding that liability under § 1395dd(a) can attach “regardless of motive”
- explaining that “faulty screening, in a particular case . . . does not contravene the statute”
- explaining that such \appellate discretion should not be affirmatively exercised unless error is plain and the equities heavily preponderate in favor of correcting it\
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Coffin, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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