In an action under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. section 1395dd(a), based on an emergency room physician's failure to diagnose plaintiff's bacterial infection, summary judgment for defendants is affirmed where the district court had discretion to entertain successive motions for summary judgment and did not abuse its discretion in permitting defendants to file a successive motion.
Opinion by Judge Graber
Kevin G. Little, Fresno, CA
Lara M. Krieger, Greines, Martin, Stein & Richland LLP, Los Angeles, CA