ICENHOUR v. BURKE

No. 10504 of 1996.

33 Pa. D. & C. 4th 385 (1996)

Icenhour v. Burke

Common Pleas Court of Beaver County, Pennsylvania.

September 19, 1996.


Attorney(s) appearing for the Case

John J. Petrush, for plaintiffs.

Jodi K. Innocent, for defendant Medical Center.

Michael J. Hudak, for defendants Book, Burke, Snyder Surgical Association.


KUNSELMAN, J., September 19, 1996.

The preliminary objections of defendant, the Medical Center, Beaver, Pa. Inc., raise a question not heretofore addressed by the appellate courts of Pennsylvania. The issue is the application of the federal legislation known as the Emergency Medical Treatment and Active Labor Act, EMTALA, 42 U.S.C. §1395dd (West 1992), to claims against a hospital in state court. The factual background, taken from plaintiffs' complaint...

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