United States First Circuit

Judgment dismissing plaintiff's disparate screening claim under the Emergency Medical Treatment and Active Labor Act, is vacated and remanded, where: 1) plaintiff has presented evidence that both of her treating physicians were aware of and had identified her symptoms of vaginal bleeding and nevertheless failed to perform the requisite tests which set the parameters for an appropriate screening of patients presenting those symptoms, i.e., the "Gravid with 3rd Trimester Bleeding" protocol; and thus, 2) plaintiff presented sufficient evidence to show that a trial worthy issue exists as to her disparate screening claim.

Appellate Information

• Decided 05/29/2013
• Published 05/29/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel