BABER v. HOSPITAL CORP. OF AMERICA

No. 91-2395.

977 F.2d 872 (1992)

Barry BABER, Administrator of the Estate of Brenda Baber, Plaintiff-Appellant, v. HOSPITAL CORPORATION OF AMERICA, a West Virginia Corporation; Hospital Corporation of America, d/b/a HCA Group, Incorporated, Tennessee Corporation; Raleigh General Hospital, a West Virginia Corporation; Appalachian Regional Healthcare, Incorporated, d/b/a Beckley Appalachian Regional Hospital, a Kentucky Corporation, Beckley Appalachian Regional Hospital; Richard B. Kline; Joseph Whelan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1992.

As Amended November 9, 1992.


Attorney(s) appearing for the Case

Barbara H. Lupton, Masters & Taylor, Charleston, W.Va., argued (Marvin W. Masters, Kathleen T. Pettigrew, Lee H. Adler, Ithaca, N.Y., on the brief), for plaintiff-appellant.

William H. File, Jr., File, Payne, Scherer & Brown, Beckley, W.Va., Karen Speidel Rodgers, Kay, Casto, Chaney, Love & Wise, Geraldine M. Guerin, Shuman, Annand & Poe, Charleston, W.Va., Charlotte Ann Hoffman, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., argued (Ann L. Haight, Michael J. Farrell, on the brief), for defendants-appellees.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

WILLIAMS, Circuit Judge:

Barry Baber, Administrator of the Estate of Brenda Baber, instituted this suit against Dr. Richard Kline, Dr. Joseph Whelan, Raleigh General Hospital (RGH), Beckley Appalachian Regional Hospital (BARH), and the parent corporations of both hospitals. Mr. Baber alleged that the Defendants violated the Emergency Medical Treatment and Active Labor Act (EMTALA),1 42 U.S.C.A. § 1395dd (West 1992...

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