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In a series of questionable decisions, a California federal court allowed a plaintiff to bring a "failure-to-screen" claim under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) against a hospital for what was really an ordinary state malpractice claim for "failure to diagnose," and then held that California's $250,000 damages cap wouldn't apply because the EMTALA claim was not a "professional negligence" claim as contemplated by the state's tort reform law - the Medical Injury Compensation Reform Act (MICRA).

CA Court Determines State's Damage Cap Does Not Apply to EMTALA Claim