McClure v. Parvis

294 F. Supp. 3d 318
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 6, 2018
DocketCIVIL ACTION NO. 17–3049
StatusPublished
Cited by9 cases

This text of 294 F. Supp. 3d 318 (McClure v. Parvis) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClure v. Parvis, 294 F. Supp. 3d 318 (E.D. Pa. 2018).

Opinion

Savage, District Judge.

*322In this medical malpractice action, plaintiff Dawn McClure1 alleges that she suffered permanent brain injury as a result of the defendants' failure to timely screen and treat her. She names as defendants Penn Valley Medicine Unionville (Unionville), her primary physician's office, which refused to see her when she presented; Chester County Hospital (CCH), where she was later taken by ambulance; Dr. Eric Parvis, the emergency room physician; and the Trustees of the University of Pennsylvania (Trustees), who own Unionville and CCH.

CCH moves to dismiss the claim under the Emergency Medical Treatment and Labor Act (EMTALA) for failure to screen an emergency medical condition, contending that it performed a timely initial screening. CCH also argues that McClure fails to allege any facts that she was treated differently than any other patient with similar symptoms.

McClure claims that CCH failed to perform an appropriate medical screening that would have alerted to her emergency medical condition, a right parietal hemorrhage. She contends that when she was examined almost four hours after her arrival at CCH Emergency Department, the emergency room physician characterized her condition as a "[n]eurological emergency." CCH argues that a mere delay in treatment does not amount to disparate treatment. CCH also argues that McClure's presenting symptoms of vision problems and vomiting did not constitute an emergency medical condition that would warrant immediate attention.

Because a significant delay in screening may be the functional equivalent of a denial of screening, McClure states an EMTALA claim against CCH. Determining whether there was a delay in screening requires resolving factual disputes after an evidentiary record has been developed. Thus, we shall deny the motion to dismiss the EMTALA claim.

The Trustees and Unionville move to dismiss the claims of corporate negligence. They argue they cannot be held liable because corporate liability does not extend to a parent corporation of medical entities or to a family practice clinic. In response, McClure counters that dismissal at this stage is premature because whether corporate negligence applies to a particular entity is an "individualized inquiry" requiring an examination of the relationship between the entity and the plaintiff.2 Whether Unionville or the Trustees owed McClure a duty of care directly cannot be determined in the absence of a factual record. Thus, we shall deny the motion.

Factual Background

On the morning of September 8, 2015, McClure awoke with a severe headache and vision problems. She scheduled an appointment for later that day with her primary care physician at Unionville. Because she arrived fifteen minutes late, Unionville personnel refused to see her and directed her to go to an urgent care facility.3 She went directly to a nearby CVS urgent care center. She presented to the nurse practitioner there with a headache, disorientation, and vomiting.4 An ambulance was called and arrived around 12:13 p.m.5 The EMTs transported McClure to CCH

*323Emergency Department, arriving at approximately 12:50 p.m.6

Upon her arrival at CCH, the EMT noted she "was placed in triage room and was registered."7 The registration form indicated that McClure presented with "Vomiting, Vision Problems."8 The forms state she was admitted at 1:00 p.m.9

McClure was not seen by any medical personnel until 4:42 p.m., when a registered nurse took her vitals, recording her blood pressure at 171/88 and "that she had a headache and had vomited that morning."10 Sometime shortly after 4:55 p.m., she had a CT scan that revealed a "[l]arge right parietal hemorrhage."11 The attending ER physician, Dr. Eric Parvis, designated her hemorrhage as a "[n]eurological emergency" and ordered her transferred by helicopter to the Hospital of the University of Pennsylvania, where she remained hospitalized until September 14, 2015.12

As a result of the hemorrhage, McClure lost vision in her left eye.13 She now suffers from difficulties with balance and coordination, and participates in both occupational and physical therapy.14

EMTALA

When an individual presents for emergency treatment, EMTALA obligates a hospital to conduct an appropriate medical screening; and, if the hospital determines that the patient has an emergency medical condition, it must stabilize the condition. 42 U.S.C. §§ 1395dd(a) - (c) ; Torretti v. Main Line Hosps., Inc. , 580 F.3d 168, 172-73 (3d Cir. 2009). EMTALA requires hospitals to medically screen and stabilize all patients with emergency medical conditions in a nondiscriminatory manner without regard to financial or insured status. See 42 U.S.C. § 1395dd(h) ; Toretti , 580 F.3d at 172-73 (citing Roberts v. Galen of Va., Inc. , 525 U.S. 249, 252, 119 S.Ct. 685, 142 L.Ed.2d 648 (1999) ); Correa v. Hosp. of San Francisco , 69 F.3d 1184, 1194 (1st Cir. 1995).

EMTALA creates a private cause of action for one who suffers personal injury as a result of a violation. It does not create a federal cause of action for medical malpractice. Liability does not rest on negligence or malpractice. Even if the hospital did not deviate from the standard of care, it can be liable if it failed to appropriately screen the patient. Conversely, that a hospital committed malpractice or medical negligence does not mean that it violated EMTALA.

A failure to screen or a delay in screening may be actionable under EMTALA. An inappropriate or faulty screening is not. The latter may be properly brought as a malpractice action, but not as an EMTALA action.

McClure alleges that she had an emergency medical condition and the hospital did not provide an appropriate medical screening examination to determine whether an emergency medical condition existed.15 With respect to the EMTALA

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Bluebook (online)
294 F. Supp. 3d 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-parvis-paed-2018.