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MILLER v. GORSKI WLADYSLAW ESTATE

No. 07-30378.

547 F.3d 273 (2008)

Shawn MILLER, etc., Plaintiff, Baton Rouge General Medical Center, Intervenor Plaintiff-Appellee, v. GORSKI WLADYSLAW ESTATE; et al., Defendants, Jose Angel Alfaro, Jr.; Graciela Marroquin, Intervenor Defendants-Appellants. Jose Angel Alfaro, Jr.; Graciela Marroquin, Plaintiffs-Intervenor Defendants-Appellants, v. Baton Rouge General Medical Center, Intervenor Plaintiff-Appellee, v. Allied Van Lines, Inc.; et al., Defendants.

United States Court of Appeals, Fifth Circuit.

October 23, 2008.

Attorney(s) appearing for the Case

William C. Kaufman, III (argued), Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for Baton Rouge General Medical Ctr.

Russell Stanley Post (argued), Constance H. Pfeiffer, Beck, Redden & Secrest, Houston, TX, James Parkerson Roy, Domengeaux, Wright, Roy & Edwards, Lafayette, LA, for Intervenor Defendants-Appellants.

Neal Risley Elliott, Jr., Dept. of Health & Hospitals for State of LA, Baton Rouge, LA, for Amicus Curiae.

Before JONES, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

EDITH H. JONES, Chief Judge:

Jose Alfaro ("Alfaro") received emergency medical care at Baton Rouge General Medical Center ("Baton Rouge General") after he was injured in a car accident. This appeal concerns Baton Rouge General's efforts to get paid for the medical care it provided Alfaro. The question presented is whether a hospital that is required by law to provide emergency medical care to an uninsured patient, who later becomes eligible for Medicaid, may seek...

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