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VICKERS v. NASH GENERAL HOSP., INC.

No. 95-1391.

78 F.3d 139 (1996)

Franklin D. VICKERS, Executor of the Estate of Martin Wade Vickers, Plaintiff-Appellant, v. NASH GENERAL HOSPITAL, INCORPORATED; James R. Hughes, M.D., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1996.

Attorney(s) appearing for the Case

ARGUED: Pamela Suzanne Duffy, June K. Allison, Wishart, Norris, Henninger & Pittman, P.A., Burlington, North Carolina, for Appellant. Kari Lynn Russwurm, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellee Nash General; Michael W. Mitchell, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, North Carolina, for Appellee Hughes. ON BRIEF: William H. Elam, Wishart, Norris, Henninger & Pittman, P.A., Charlotte, North Carolina, for Appellant. Alene M. Mercer, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellee Nash General; Samuel G. Thompson, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, North Carolina, for Appellee Hughes.

Before WILKINSON, Chief Judge, and HALL and ERVIN, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HALL joined. Judge ERVIN wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

This case requires us to assess the scope of the Emergency Medical Treatment and Active Labor Act ("EMTALA"). 42 U.S.C. § 1395dd. The appellant, Frank Vickers, executor of the estate of Martin Wade Vickers, brought suit against Nash General Hospital and Dr. James R. Hughes...

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