Preston v. Meriter Hospital in the Supreme Court of Wisconsin.
Issues in Law & Medicine › Vol. 21 Nbr. 2, September 2005
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Medical malpractice
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Preston v. Meriter Hospital in the Supreme Court of Wisconsin.
HOLDING: When a baby is born in a hospital birthing center, the newborn has come to the "emergency department" for purposes of the Emergency Medical Treatment and Active Labor Act (EMTALA). Thus, the hospital must provide "an appropriate medical screening examination" to any infant born at the hospital birthing center in order to determine whether the infant has an emergency medical condition.
Preston arrived at Meriter Hospital in Madison, Wisconsin, on November 9, 1999, at 5:33 p.m. She was 23 weeks pregnant. At the time of her hospitalization, she was unemployed and on Medical Assistance. Preston was admitted to the hospital and taken to the birthing center. There, physicians performed an ultrasound to evaluate the unborn child's condition. At 3:55 a.m. the following m...See the full content of this document
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