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VARGAS BY AND THROUGH GALLARDO v. DEL PUERTO HOSP.

No. 95-17326.

98 F.3d 1202 (1996)

Deniz VARGAS, a minor by and through her mother Anita GALLARDO, Plaintiff-Appellant, v. DEL PUERTO HOSPITAL; Burton B. Butler; Patterson District Ambulance, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1996.

Attorney(s) appearing for the Case

Laurence F. Padway, Padway & Padway, Oakland, California, for plaintiff-appellant.

Mitchell C. Tilner, Horvitz & Levy, Encino, California, for defendant-appellee.

Curtis A. Cole, Thelen, Marrin, Johnson & Bridges, Los Angeles, California, for amicus.

Before: SKOPIL, and FLETCHER, Circuit Judges, and RHOADES, District Judge.

SKOPIL, Circuit Judge:

We examine in this appeal the certification requirements of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd. Specifically, we must decide if a hospital is liable for damages when it permits an unstable patient to be transferred but fails to comply fully with the Act's requirement that a physician include in the transfer certificate a written summary of the specific risks to the patient of effecting the...

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