Judge Jack Weinstein
Perez arrived at Brookdale’s emergency room on Nov. 16, 2010. She was screened, admitted, and diagnosed with pneumonia. Over the next two weeks Perez was treated for pneumonia and other medical problems. By Nov. 29, her condition had “markedly improved” and Brookdale doctors recommended her discharge to a rehabilitation center on Nov. 30. On Dec. 1, Perez vomited in bed, prompting Brookdale’s staff to put her discharge on hold. Despite continuing health issues, Brookdale discharged Perez to her daughter’s home on Dec. 7. Five hours after discharge, Perez began to convulse. Despite “aggressive measures” doctors at Jamaica Hospital were unable to save Perez. She died on Dec. 9, less than 48 hours after Brookdale discharged her. District court dismissed the claim by Perez’s estate that Brookdale violated the Emergency Medical Treatment and Active Labor Act (EMTALA), enacted to counter “patient dumping.” Brookdale properly screened Perez on arrival, and fulfilled its duties under EMTALA once it stabilized Perez’s condition in late November, before her discharge. Any malpractice, deterioration or new disease acquired in the hospital was outside EMTALA’s concern and claims related thereto should be pursued in state court.
