Richard Tyus v. Baptist Medical Center South

209 F. App'x 941

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 12, 2006
• Docket: 06-12915
• Status: Unpublished

Opinion

PER CURIAM:

Richard Tyus, personal representative of the Estate of Geneva Jones Gibbons, appeals the dismissal of his EMTALA claim against Baptist Medical Center South (“Baptist”) and physicians Ronald A. Shaw, M.D., Julios Rios, M.D., and James Bradwell, M.D. (collectively, “the physician defendants”).

While Tyus’s notice of appeal could be construed to appeal the dismissal of the claim against the physician defendants, he makes no arguments in his appellate briefs regarding the physician defendants. Therefore, he has waived any basis for appealing the dismissal of the claim against the physician defendants.

As to the claim against Baptist, we find no reversible error in the district court’s holding that Tyus is barred from bringing that EMTALA claim in a federal action because that claim arises out of the same nucleus of operative facts as those claims he previously pursued in Alabama state court. See Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1239, n. 8 (11th Cir. 1999); In re Justice Oaks II, Ltd., 898 F.2d 1544, 1550 (11th Cir.1990).

AFFIRMED.