| Abstract: | A gay man who was forced to submit to an HIV test before doctors would perform an emergency appendectomy survived a motion by the defendants for dismissal. The plaintiff is suing the physicians, hospital, and nurse for violations of the Federal Emergency Medical Treatment and Active Labor Act (EMTALA), which bars "patient dumping" in emergency rooms. The plaintiff went to the Overland Park Regional Medical Center in Kansas because he had pain in his lower right abdomen. The defendants believed EMTALA was designed to prevent delays in treatment related to a patient's ability to pay. However, the judge ruled the plaintiff was seeking relief under a different section of the provision that prevents emergency rooms from engaging in disparate medical screening procedures. The nurse and the hospital escaped liability on the tort claims. |
