Pargoud v. Amberson's Administrator

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that patient's EMTALA screening-delay and negligence claims both survived though defendant hospital correctly diagnosed patient
• explaining that “to state an EMTALA failure-to-screen claim, the plaintiff must allege that: (1) the patient had an emergency medical condition; and (2) the hospital did not screen the patient in the same way it screens other patients presenting with similar symptoms”
• explaining that “to state an EMTALA failure-to-screen claim, the plaintiff must allege that: (1) the patient had an emergency medical condition; and (2) the hospital did not screen the patient in the same way it screens other patients presenting with similar symptoms”
• “Symptoms like vomiting and vision problems, in isolation, may not constitute an emergency medical condition.”
• corporate negligence can also attach “to certain non-hospital entities” such as HMOs and nursing homes

Source: CourtListener parenthetical corpus (CC0).