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POWER v. ARLINGTON HOSP. ASS'N

No. 92-2195.

42 F.3d 851 (1994)

Susan M. POWER, Plaintiff-Appellee, v. ARLINGTON HOSPITAL ASSOCIATION, Defendant-Appellant, and Alexandria Physicians Group, Limited; Benedict J. Semmes, M.D.; Robert M. White; General Internal Medicine Group, PC; Arthur A. Rubin; Mary J. Major, Defendants. Virginia Hospital Association; American Hospital Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 12, 1994.

Attorney(s) appearing for the Case

ARGUED: William Daniel Cremins, Walsh & Cremins, P.C., Fairfax, VA, for appellant. Scott Alton Mills, Jackson & Campbell, P.C., Washington, DC, for appellee. ON BRIEF: Lewis T. Booker, Hunton & Williams, Richmond, VA, for appellant. William F. Causey, Jackson & Campbell, P.C., Washington, DC; James H. Falk, Sr., James H. Falk, Jr., John M. Falk, Falk Law Firm, Washington, DC, for appellee. Judith B. Henry, Crews & Hancock, Richmond, VA, for amicus curiae Virginia Hosp. Ass'n. Gregory M. Luce, James E. Anklam, Jones, Day, Reavis & Pogue, Washington, DC; Frederic J. Entin, James A. Henderson, Maureen D. Mudron, American Hosp. Ass'n, Chicago, IL, for amicus curiae American Hosp. Ass'n.

Before ERVIN, Chief Judge, and WIDENER and WILLIAMS, Circuit Judges.

Affirmed in part; reversed in part; and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER joined. Chief Judge ERVIN wrote a concurring and dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Susan Power came to the Arlington Hospital emergency room complaining of pain in her left hip, her lower left abdomen, and in her back running down her leg, and reporting that she was unable to walk, was shaking, and had...

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