MO: Falure to Stabilize Patient - Birth Injury: Mother Brings Suit v. Hosp. Under EMTALA.
COURT'S OPINION: The United States District Court for the Western District of Missouri granted the hospital's motion. he court held, inter alia, that the denial of the hospital's motion to dismiss based on sovereign immunity was immediately appealable. The court further held that the hospital's appeal was not utterly without merit, and thus divested the district court of jurisdiction over any aspects of the case relating to appeal, and warranted a stay of all proceedings pending the outcome of the appeal. The filing of a Notice of Appeal confers jurisdiction on the appellate court over all matters appealed. It also divests the district court of jurisdiction over any aspect of the case relating to the appeal. The court noted that it previously had ruled that Missouri law which grants the State of Missouri immunity from tort claim liability, is in direct conflict with EMTALA. A federal statute creating a cause of action against hospitals that violate the statute's provisions. A federal statute preempts state law when a federal law is intended to occupy a field of law exclusively or when a state law conflicts with a federal statute. EMTALA contains a provision stating that it does not preempt any state law requirement "except to the extent the requirement directly conflicts with a requirement of EMTALA." Root v. Liberty Emergency Physicians, Inc., 68 F.Supp.2d 1086 - MO (1999)
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for nearly 40 years, he concentrates in health care law with the Providence, R.I., firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers and Marquis Who's Who in American Law.
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|Author:||Tammelleo, A. David|
|Publication:||Hospital Law's Regan Report|
|Article Type:||Brief Article|
|Date:||Jan 1, 2000|
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