Nartey v. Franciscan Health Hospital

Dist. Ct. did not err in dismissing for failing to state cause of action pro se plaintiff’s claim under Emergency Medical Treatment and Active Labor Act (Act), arising out of defendant-hospital’s emergency care of plaintiff’s mother, who was declared brain dead as result of stroke while plaintiff was attempting to transfer her mother to different facility. Instant complaint acknowledged that defendant met Act’s screening requirement by examining plaintiff’s mother, determining that emergency condition existed, and ultimately admitting her into its hospital. Fact that plaintiff was dissatisfied with quality and scope of care given by defendant could not be addressed via instant Act. Also, Dist. Ct. properly dismissed plaintiff’s discrimination claim under Title VI that arose from defendant’s failure to transfer plaintiff’s mother, where allegations showed that proposed receiving hospitals refused plaintiff’s transfer requests. Too, Dist. Ct. did not err in dismissing plaintiff’s fraudulent concealment of medical records claim, where pleadings established that plaintiff’s reasonable inquiry would have discovered any alleged concealment.