Ramos-Cruz, v. Centro Medico del Turabo, Inc., l, No. 10-1203 (1st Cir. 2011)Annotate this Case
The plaintiffs took their son, suffering abdominal pain, to the hospital. Because the hospital did not have a gastroenterologist, it transferred the boy, who later died. The district court granted summary judgment for the hospital in a suit under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd. The First Circuit affirmed, stating that the law is a limited anti-dumping law, intended to protect the uninsured, not a federal malpractice law. The hospital provided appropriate pre-transfer treatment and complied with the Act by stating a reason why the benefits of transfer outweighed the risks.