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BURKS v. ST. JOSEPH'S HOSPITAL

No. 97-0466.

227 Wis.2d 811 (1999)

596 N.W.2d 391

Shemika A. BURKS, and PrimeCare Health Plan, Inc., Plaintiffs, v. ST. JOSEPH'S HOSPITAL, Defendant-Appellant, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 8, 1999.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Paul J. Kelly, Linda V. Meagher and Schellinger & Doyle, S.C., Brookfield and oral argument by Linda V. Meagher.

For the defendant-appellant there was a brief by Mary K. Wolverton & Peter F. Mullaney and Peterson, Johnson & Murray, S.C., Milwaukee and oral argument by Peter F. Mullaney.

¶ 1. DAVID T. PROSSER, J.

The Wisconsin Patients Compensation Fund (Fund) seeks review of an unpublished court of appeals decision1 reversing the circuit court's conclusion that the Fund does not provide coverage for violations of the federal Emergency Medical Treatment and Active Labor Act (EMTALA).2 The issue presented is whether the Fund is required to provide...

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