American Journal of Law & Medicine

EMTALA: improper motive not necessary - Roberts v. Galen of Virginia, Incorporated.(Emergency Medical Treatment and Active Labor Act)

EMTALA: Improper Motive Not Necessary--Roberts v. Galen of Virginia, Incorporated(1)--The U.S. Supreme Court held that a plaintiff need not show an improper motive in bringing a claim under the Emergency Medical Treatment and Active Labor Act(2) (EMTALA) claim alleging a violation of the stabilization requirement. The Court reversed the U.S. Court of Appeals for the Sixth Circuit, which held that the plaintiff must establish an improper motive to state a claim under section 1395dd(b) of EMTALA.(3)

Plaintiff Wanda Johnson was rushed to the defendant's hospital, then Human Hospital-University of Louisville, after suffering serious injuries when she was hit by a truck.(4) After a six-week stay, the defendant arranged for her transfer to Crestview Health Care Facility. …

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