Romar

ORDER ON APPLICATION OF THE MICRA DAMAGES CAP TO PLAINTIFF’S EMTALA CLAIM

This is an the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (“EMTALA”) case that stems from three presentations to Fresno Community Hospital and Medical Center’s (“FCH”) emergency room by minor Plaintiff Christina Romar in December 2002. At this point in the proceedings, it has become necessary to determine whether the $250,000 non-economic damages limitation of the California Medical Injury Compensation Reform Act, California Civil Code § 3333.2 (“MICRA”), applies to Plaintiffs EMTALA disparate screening claim. For the reasons that follow, the Court concludes that the MICRA cap does not apply to Plaintiffs’ EMTALA disparate screening claims.

Plaintiff’s Argument

Plaintiff argues that two federal district courts have held that EMTALA claims are not subject to the severe non-economic damage limitations applicable to medical malpractice claims under MICRA. See Jackson v. East Bay Hosp., 980 F.Supp. 1341, 1344 (N.D.Cal.1997) (“Jackson I”); Burrows v. Redbud Community Hosp. Dist., 188 F.R.D. 356, 358 (N.D.Cal.1997). Jackson I first determined that EMTALA incorporates state damages law.…