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BAKER v. ADVENTIST HEALTH, INC.

No. 00-15273.

260 F.3d 987 (2001)

Sarah BAKER, a Minor, individually and as Successor-in-Interest to Henry Baker, deceased, by and through her guardian ad litem, Lorie McKinnon, Plaintiff-Appellant, v. ADVENTIST HEALTH, INC.; Redbud Community Hospital District; Wolfgang Schug, M.D.; Janzen, Johnston & Rockwell Emergency Medical Group of California, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001.

Attorney(s) appearing for the Case

Richard J. Massa, Massa & Associates, Lakeport, California, for the plaintiff-appellant.

Mitchell C. Tilner and Orly Degani, Horvitz & Levy, LLP, Encino, California; John S. Gilmore, Goldsberry, Freeman & Swanson, Sacramento, California; and David A. Heck, Bradley, Curley, Asiano & McCarthy, PC, San Francisco, California, for the defendants-appellees.

Before: MARY M. SCHROEDER, Chief Judge, DONALD P. LAY, DAVID R. THOMPSON, Circuit Judges.

Argued and Submitted June 12, 2001 — San Francisco, California.

SCHROEDER, Chief Judge.

OPINION

This case arises out of the tragic death of Henry Baker, who committed suicide two days after being released from the Redbud Community Hospital emergency room. The primary issue is whether the hospital violated the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, when it called in a crisis worker from the county...

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