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PRESTON v. MERITER HOSP., INC.

No. 2006AP3013.

747 N.W.2d 173 (2008)

2008 WI App 25

Shannon PRESTON and Charles Johnson, Individually and as Special Administrator of the Estate of Bridon Michael Johnson, deceased, Plaintiffs-Appellants v. MERITER HOSPITAL, INC. and The Wisconsin Patients Compensation Fund, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed January 24, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John L. Cates and Michael J, Luebke of Gingras, Cates & Luebke, S.C., Madison.

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

Before DYKMAN, VERGERONT and BRIDGE, JJ.

¶ 1 BRIDGE, J.

Shannon Preston appeals an order granting summary judgment in favor of Meriter Hospital on her claim under the Emergency Medical Treatment and Labor Act (EMTALA) related to the death of her son, who was born prematurely in Meriter's birthing center. The circuit court held that, based on the undisputed facts, the EMTALA's medical screening requirement does not apply to, inpatients. It held further that because Preston was admitted as an inpatient...

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