HOFFMAN v. TONNEMACHER

No. 08-16166.

593 F.3d 908 (2010)

Donna HOFFMAN, Plaintiff-Appellant, v. Kent TONNEMACHER, M.D.; Unknown Physicians, Defendants, and Memorial Medical Center, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2010.


Attorney(s) appearing for the Case

Kevin G. Little, Fresno, CA, for the plaintiff-appellant.

Lara M. Krieger, Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for the defendant-appellee.

Before: A. WALLACE TASHIMA, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.


GRABER, Circuit Judge:

Plaintiff Donna Hoffman sued Defendant Memorial Medical Center under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd(a), after an emergency room physician failed to diagnose her bacterial infection. The district court granted in part and denied in part Defendant's pretrial motion for summary judgment, and the surviving claim went to trial. The jury deadlocked, and the district court declared a mistrial...

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