211572P.pdf   10/07/2022  Kimberly Ruloph  v.  LAMMICO
   U.S. Court of Appeals Case No:  21-1572
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Smith, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - Emergency Medical Treatment and Active Labor Act. Plaintiff 
   alleged defendant Mercy violated the Act when it transferred her to a 
   regional medical center after determining that she had suffered a vascular 
   injury it could not treat and being told by the receiving center that it 
   had qualified medical personnel available to treat her; when plaintiff 
   arrived at the center she had to be transferred to another Mercy facility 
   because no vascular surgeon was available at the center; because of the 
   delay in performing the surgery, plaintiff lost her leg. The district 
   court concluded that defendant Mercy made an appropriate transfer based on 
   the regional center's representation that it had qualified personnel 
   available to perform the necessary treatment. Held; the transferring 
   hospital is not responsible under the Act for the accuracy of the 
   representations of expertise made by the receiving hospital at the time 
   the hospitals agree to the transfer; defendant's Mercy's act of 
   transferring plaintiff did not violate the Act.