LOPEZ-SOTO v. HAWAYEK

No. 98-1594.

175 F.3d 170 (1999)

Mayda LOPEZ-SOTO, Et al., Plaintiffs, Appellants, v. Jose HAWAYEK, M.D., Et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 9, 1999.


Attorney(s) appearing for the Case

Guillermo Ramos Luiña, with whom Harry Anduze Montano was on brief, for appellants.

José A. Rivera Cordero, with whom Pedro Lugo Frank, Luis F. Montijo and Mirta Rodriguez Mora were on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.


SELYA, Circuit Judge.

This appeal presents a fundamental question concerning the interpretation of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd (1994) (amended 1997). We neither minimize the difficulty of the question nor pretend that the answer is transpiciously clear. Upon careful perscrutation, however, we hold that EMTALA subsections (a) and (b) are to be read disjunctively, not conjunctively. Accordingly, we reverse the...

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