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May 31, 2024   
Health Law Weekly

U.S. Court in Kentucky Says Medical Malpractice Action Referencing EMTALA Belongs in Federal Court

  • May 31, 2024

A medical malpractice action that made numerous references to the Emergency Medical Treatment and Labor Act (EMTALA) during discovery belonged in federal court even though the complaint did not expressly plead a violation of the statute, the U.S. District Court for the Eastern District of Kentucky held May 23 in denying the plaintiff’s motion for remand.

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