Beller v. Health and Hospital Corp. of Marion, Indiana

Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging that defendant-ambulance service violated Emergency Medical Treatment and Active Labor Act (EMTALA) by failing to stabilize plaintiff as she was about to give birth prior to sending her to hospital, and that said failure resulted in injuries to plaintiff’s baby. While “emergency room” for purposes of coverage under EMTALA could be defendant’s ambulance itself, Dist. Ct. could properly find under 2003 “clarification” of EMTALA regulation that plaintiff had not come to “emergency room” where, as here, ambulance was operating under direction of communitywide emergency medical service protocols.