Byrne v. The Cleveland Clinic, PICS Case No. 10-1219 (E.D. Pa. Feb. 5, 2010) Pratter, J. (26 pages).

Excessive delays in emergency room may, in some circumstances, lead to a colorable Emergency Medical Treatment and Active Labor Law (EMTALA) screening claim. The court dismissed plaintiff’s breach of implied contract claim and his stabilization claim under EMTALA but allowed plaintiff’s EMTALA screening claim to proceed.