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GODWIN v. MEMORIAL MEDICAL CENTER

Nos. 20,175, 20,189.

25 P.3d 273 (2001)

130 N.M. 434

2001-NMCA-033

Melvin GODWIN and Connie Godwin, Plaintiffs-Appellants/Cross-Appellees, v. MEMORIAL MEDICAL CENTER, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 4, 2001.

Attorney(s) appearing for the Case

Victor F. Poulos, The Law Office of Victor F. Poulos, P.C., John J. Grost, El Paso, TX, Shannon L. Donahue, Shannon L. Donahue, P.C., Albuquerque, NM, for Appellants.

Thomas A. Sandenaw, Jr., Leonard J. Piazza, Sandenaw, Carrillo & Piazza, P.C., Las Cruces, NM, for Appellee.

Certiorari Granted, No. 26,919, June 4, 2001.

OPINION

SUTIN, Judge.

{1} We are asked to address first impression issues regarding the applicability of our New Mexico Tort Claims Act (Tort Claims Act) in an action for damages under the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (1994) (Emergency Act or EMTALA). The Emergency Act proscribes what is commonly referred to as "dumping" of emergency room patients...

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