Emtala Information

Hosp., Inc., 996 F.2d 708, 714-15 (4th Cir. 1993); Bryan, 95 F.3d at 351 ("[EMTALA's] core purpose is to get patients into the system who might otherwise go untreated and be left without a remedy because traditional medical malpractice law affords no claim for failure to treat."); Gatewood v. Washington Heathcare Corp., 933 F.2d 1037, 1041 (D.C. Cir. 1991) (finding EMTALA creates "a new cause of action, generally unavailable under state tort law, for what amounts to failure to treat"). The legislative history of EMTALA demonstrates that "Congress never intended to displace state malpractice law." Brooks, 996 F.2d at 714. This intent to supplement, but not supplant, state tort law is evident in EMTALA's limited preemption provision. See 42 U.S.C. § 1395dd(f); see also Brooks, 996 F.2d at 715. EMTALA provides: "The provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section." 42 U.S.C. § 1395dd(f). EMTALA's deference to state law is also apparent in its express adoption of state law as to the damages recoverable. Id. § 1395dd(d)(2)(A); Brooks, 996 F.2d at 715. EMTALA provides that a plaintiff, in a civil action against a hospital, may "obtain those damages available for personal injury under the law of the State in which the hospital is located, and such equitable relief as is appropriate." 42 U.S.C. § 1395dd(d)(2)(A). Significantly, EMTALA's legislative history demonstrates that Congress questioned "the potential impact" of EMTALA on "the current medical malpractice crisis"; Congress also expressed concern that an unbridled EMTALA could unduly burden hospitals and thereby "result in a decrease in available emergency care" rather than the intended increase in such care.