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Stroder v. Horowitz12/20/2000
determine whether or not an emergency medical condition (within the meaning of subsection (e)(1) of this section) exists.
(b) Necessary stabilizing treatment for emergency medical conditions and labor
(1) In general
If any individual (whether or not eligible for benefits under this subchapter) comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either--
(A) within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or
(B) for transfer of the individual to another medical facility in accordance with subsection (c) of this section.
(c) Restricting transfers until individual stabilized
(1) Rule
If an individual at a hospital has an emergency medical condition which has not been stabilized (within the meaning of subsection (e)(3)(B) of this section), the hospital may not transfer the individual (Emphasis Added).
Dr. Horowitz testified that he had noticed on several occasions that some of the on-call physicians would not see his patients if they did not have insurance. He further testified that he complained to the emergency room charge nurse, Bonnie Gilmore, who verified his suspicions. According to Dr. Horowitz, Nurse Gilmore informed him on several occasions that it was an unspoken policy that Morehouse would not take a financial risk on an indigent patient, but would instead transfer that patient to the charity hospital. In her testimony, however, Nurse Gilmore denied that Morehouse had such a policy or that she ever had such a conversation with Dr. Horowitz.
Again, we are faced with conflicting evidence concerning a material fact, i.e., whether Morehouse had a policy of refusing treatment to indigent patients. More important, however, is the question of whether Ms. Stroder was stable when she was transferred from Morehouse to Conway.
Summary
In summary, there are factual disputes pertaining to each defendant which we find involve material issues. Each of the facts discussed above is essential to Ms. Stroder's cause of action. Hardy v. Bowie, supra; Barnett v. Staats, supra. Since we find that Defendants failed to affirmatively show otherwise, summary judgment should not have been granted.
CONCLUSION
For the foregoing reasons, the judgment of the trial court granting the motions for summary judgment on behalf of Defendants, Dr. Marc Horowitz, Dr. Thomas C. Wooldridge and Morehouse General Hospital, is reversed. Costs are assessed equally to Defendants, Dr. Marc Horowitz, Dr. Thomas C. Wooldridge and Morehouse General Hospital.
REVERSED AND REMANDED.
GASKINS, J., concurring in part and dissenting in part.
I respectfully concur with the majority that the summary judgment on behalf of Dr. Wooldridge and Morehouse General Hospital should be reversed and dissent as to the majority's reversing the summary judgment on behalf of Dr. Horowitz.
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