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PRESTON v. MERITER HOSP., INC.

No. 03-1376.

271 Wis.2d 721 (2004)

2004 WI App 61

678 N.W.2d 347

Shannon PRESTON, Plaintiff-Appellant, Charles JOHNSON and Estate of Bridon M. Johnson, Plaintiffs, v. MERITER HOSPITAL, INC. and Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 26, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James Bopp, Jr. and Thomas J. Marzen of National Legal Center for the Medically Dependent & Disabled, Inc., Terre Haute, Indiana; and Dennis E. Robertson of Rumf Law Office, Cambridge.

On behalf of the defendant-respondent, the cause was submitted on the brief of Curtis S. Swanson and David J. Pliner of Corneille Law Group, L.L.C., Madison.

Before Deininger, P.J., Dykman and Vergeront, JJ.

¶ 1. DYKMAN, J.

Shannon Preston appeals from a judgment dismissing her claims against Meriter Hospital, Inc. and The Wisconsin Patient's Compensation Fund (Meriter). She raises four issues on appeal. First, she asserts that the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. § 1395dd(b)(1)(A) (2001),1 required Meriter to stabilize her infant child, even though the hospital...

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