* 1. In your opinion did EP-2 give EP-1 appropriate clinical advice?

* 2. In your opinion did EP-2 inadvertently violate EMTALA?

* 3. How do you guess the case resolved?

A motion for summary judgment was filed on behalf of EP-2 and Hospital-2 to have the case dismissed.  This was based on the following three arguments.   

1. There was no deviation from the standard of care in that a doctor patient relationship was not established between EP-2 and the patient at Hospital-1.  There was no evidence to support that EP-2 had a duty and therefore there could be no breach.   

2. That EMTALA does not authorize a private cause of action against an individual physician. 

3. That Hospital-2 is not liable for an EMTALA violation as a result of EP-2’s actions, because EP-2 did not refuse the transfer and there is no evidence to support that EP-2 refused the transfer.

* 4. Please provide the following information so we can locate you in the event you win.