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ELMER TRIVETTE and NANCY TRIVETTE, as Co-Administrators of the late Randy James Trivette, and Nancy Trivette, Individually v. NORTH CAROLINA BAPTIST HOSPITAL, INC.

Supreme Court of North Carolina1999-04-09No. No. 448A98
350 N.C. 299

Authorities cited

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Opinion

majority opinion

PER CURIAM.

We affirm the Court of Appeals’ majority opinion as to the issue of whether there was an appropriate medical screening examination as required by the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd (1994). Also, we allowed petition for discretionary review as to the additional issue of whether there was a discharge of the patient before stabilization of the medical condition as required by the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd(a) and (bl) (1994). Upon review, we find that review was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.