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Sixth Circuit upholds Michigan's med-mal cap.

Publication: Trial
Publication Date: 01-NOV-05 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Michigan's cap on medical malpractice damages does not violate the rights to a jury trial or equal protection, the Sixth Circuit has ruled. The court applied the cap to a cause of action under the Emergency Medical Treatment and Active Labor Act (EMTALA). (Smith v. Botsford Gen. Hosp., 419 F.3d 513 (6th Cir. 2005).)

EMTALA is a federal statute enacted to prevent hospitals from "dumping" patients onto other facilities without providing adequate treatment. It requires hospitals to stabilize a patient with an emergency medical condition before transferring him or her. A hospital must provide treatment necessary to ensure, "within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer."

Andrea Smith sued Botsford General Hospital for violating EMTALA by failing to stabilize her husband's condition before transporting him to another hospital. He had an open...

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