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Verdicts
Peer Review Records Irrelevant to EMTALA Claim
A plaintiff was allowed discovery of a hospitals' emergency policies but not its peer review documents, because those documents were not relevant to the question of whether a patient seen in the Emergency Department had been improperly discharged prior to stabilization of his condition in this action brought under the Emergency Medical Treatment and Active Labor Act, (EMTALA) 42 U.S.C. ' 1395dd. Stringfellow v. Oakwood Hospital and Medical Center, 2005 U.S. Dist. LEXIS 24416 (E.D. Mich. 10/21/05).
Plaintiff, the personal representative of decedent Alfred Stringfellow, moved to compel discovery of certain hospital records in this medical malpractice/EMTALA suit. Stringfel-low was seen at Oakwood Hospital on Jan. 3, 2002 in the emergency department by defendant Dr. John C. Owens, MD. Stringfellow complained of chest pains, nausea and shortness of breath. He was examined, given tests, provided medication, and released several hours after initial presentation, at which time he reported he felt better. He died the next day at his home. The medical examiner opined that plaintiff died of “a ruptured aortic dissection due to cocaine abuse and high blood pressure.”
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