Hoffman

ORDER ON DEFENDANT MEMORIAL MEDICAL CENTER’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This case arises out of the May 22, 2003, visit by Plaintiff Donna Hoffman (“Hoffman”) to the emergency department of Defendant Memorial Medical Center (“MMC”) where she was seen by Co-Defendant Dr. Kent Tonnemacher. Dr. Ton-nemacher diagnosed Hoffman as having bronchitis with a differential diagnosis of pneumonia and discharged her with antibiotics the same day. On May 23, 2003, Hoffman returned to MMC in an ambulance and went into septic shock. After a lengthy hospitalization, Hoffman survived her sepsis and was released. On May 14, 2004, she brought suit against MMC and Dr. Tonnemacher for violations 42 U.S.C. § 1395dd (the Emergency Medical Treatment and Active Labor Act (“EMTALA”)), and California law medical malpractice. MMC moves for partial summary judgment on Hoffman’s EMTALA claims and, in the event that partial summary judgment is granted, for this Court to decline to exercise jurisdiction over the state law malpractice claims. For the reasons that follow, MMC’s motion will be GRANTED in part and DENIED in part.

FACTUAL BACKGROUND

On May 22, 2003, Hoffman presented to the Emergency…