· 3/28/2024
In the Interest of Z.K.R., a Child v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an EMTALA plaintiff is not required to show that the hospital’s actions or decisions were based on improper, nonmedical considerations
- holding that instances of 9 negligence in the EMTALA screening or diagnostic process, or of mere faulty screening, are not 10 actionable under EMTALA
- stating that “the hospital did have a screening procedure, even if unwritten in part, and the statute makes no additional requirement”
- stating that “[i]t is up to the hospital itself to determine what its screening process will be [and] ... [h]aving done so, it must apply them alike to all patients”
- stating that EMTALA was enacted “to address a distinct and rather narrow problem—the ‘dumping’ of uninsured, underinsured, or indigent patients by hospitals who did not want to treat them”
- explaining that the “purpose of the statute was to address a distinct and rather narrow problem—the ‘dumping’ of uninsured, underinsured, or indigent patients by hospitals who did not want to treat them”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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