ER Hoarding Claims Outside EMTALA's Scope, 10th Circ. Rules

Law360, New York (August 21, 2013, 2:07 PM EDT) -- The Tenth Circuit on Tuesday upheld a ruling in favor of hospital system Banner Health after it was accused of retaliating against a doctor who complained about overcrowded emergency room conditions, saying the Emergency Medical Treatment and Active Labor Act didn't protect the doctor's complaints.

In a published decision, the three-judge panel said it believed Dr. Ron Genova's argument that he was acting out of concern for his patients when he complained about ER overcrowding at a Banner hospital, but that the whistleblower provisions of EMTALA...
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