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30 F.

3d 116
45 Soc.Sec.Rep.Ser. 148

Rosie Nell HOLCOMB, as Administratrix of the Estate of

Barbara Jean Smith, deceased, Plaintiff-Appellant,
Paul P. MONAHAN, M.D., Defendant,
Humana Medical Corporation, Inc., d/b/a Humana
Hospital-Montgomery, Defendant-Appellee.
No. 93-6762.

United States Court of Appeals,

Eleventh Circuit.
Aug. 31, 1994.

Tom Dutton, Pittman, Hooks, Marsh, Dutton & Hollis, Birmingham, AL,
for appellant.
Les Hayes, III, Melton, Espy, Williams & Hayes, Montgomery, AL, for
Appeal from the United States District Court for the Middle District of
Before EDMONDSON and CARNES, Circuit Judges, and
HENDERSON, Senior Circuit Judge.
EDMONDSON, Circuit Judge:

This case involves the Emergency Medical Treatment and Active Labor Act
("EMTALA"), 42 U.S.C. Sec. 1395dd, et seq. Plaintiff, administratrix of the
estate of Barbara Jean Smith, alleges that Humana's treatment of Smith violated
sections 1395dd(a) and (b) of the Act. The district court granted DefendantHumana's motion for summary judgment on both claims under Fed.R.Civ.Pro.
56(c).1 We affirm the judgment.
Section 1395dd(a) of EMTALA requires hospitals to provide persons requiring

emergency medical treatment with "an appropriate medical screening

examination." The Act does not define "appropriate medical screening." But,
the congressional purpose behind the enactment of EMTALA2 supports the
conclusion that this language only requires a hospital to provide indigent
patients with a medical screening similar to one which they would provide any
other patient. Cleland v. Bronson Health Care Group, Inc., 917 F.2d 266 (6th
Cir.1990); Gatewood v. Washington Healthcare Corp., 933 F.2d 1037, 1041

We reject Plaintiff's argument that the "appropriateness" of the screening should

be determined by its adequacy in identifying the patient's illness. Section
1395dd(a) is not designed to redress a negligent diagnosis by the hospital; no
federal malpractice claims are created. As long as a hospital applies the same
screening procedures to indigent patients which it applies to paying patients, the
hospital does not violate this section of the Act. As the district court noted, no
evidence suggests that Humana treated Ms. Smith differently from other
patients. Holcomb, 831 F.Supp. at 834. Thus, Humana was entitled to summary
judgment on the section 1395dd(a) claim.

Plaintiff also alleges that Humana violated section 1395dd(b) which says that
after a hospital determines that a person suffers from an "emergency medical
condition" it must provide whatever treatment, within its capabilities, is needed
to stabilize the condition before transferring or discharging the patient.3 42
U.S.C. Sec. 1395dd(b). To succeed on a section 1395dd(b) claim, a plaintiff
must present evidence that the patient had an emergency medical condition, the
hospital knew of the condition, the patient was not stabilized before being
transferred, and the hospital neither obtained the patient's consent to transfer
nor completed a certificate indicating the transfer would be beneficial to the
patient and was appropriate. Baber v. Hosp. Corp. of America, 977 F.2d 872,
883 (4th Cir.1992). In this case, Plaintiff failed to provide evidence either that
Smith was in an emergency medical condition when discharged or that Humana
knew of the emergency condition. That Smith, at the time of discharge, told the
doctors she was feeling better and that her vital signs had stabilized are
undisputed. Humana was entitled to summary judgment on Plaintiff's section
1395dd(b) claim.

The judgment of the district court is AFFIRMED.

The facts of the case are undisputed and are contained in the district court
opinion. See Holcomb v. Humana Medical Corp., 831 F.Supp. 829


Congress enacted EMTALA to prevent "patient dumping" (the practice

whereby private hospital emergency rooms refuse to treat indigent patients by
transferring them to public hospitals or turning them away). H.R.Rep. No. 241,
99th Cong., 1st Sess., pt. 3 at 5 (1986) reprinted in 1986 U.S.C.C.A.N. 579

An emergency medical condition is defined as one "manifesting itself by acute

symptoms of sufficient severity (including severe pain) ...". 42 U.S.C. Sec.