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Two years ago, a Texas court, in the case of Dr. Zawislak v. Memorial Hermann Hospital, determined that emergency physicians were "employees" of the hospital for determining whether they could sue the hospital under the Emergency Medical Treatment and Labor Act's (EMTALA) whistleblower provision for retaliatory termination (see the February 2012 ED Legal Letter).

Wisconsin Court Rules On-call Physician with Privileges is an 'Employee' of the Hospital for Purposes of EMTALA Whistleblower Enforcement