Donna Root v. Tempe St. Luke's Hospital

MEMORANDUM

Donna J. Root appeals pro se from the district court’s summary judgment for defendants in her action under the Emergency Medical Treatment and Active Labor Act (“EMTALA”) and Arizona’s wrongful death statute. We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and review for an abuse of discretion challenges to evidentiary decisions, ACLU of Nev. v. City of Las Vegas, 333 F.3d 1092, 1097 (9th Cir.2003). We may affirm on any grounds supported by the record. ACLU of Nev., 333 F.3d at 1097 . We affirm.

Summary judgment for defendants on Root’s EMTALA claim was proper because Root presented no evidence raising a triable issue as to whether the assessment that Root’s son received in the emergency room before he voluntarily left the hospital against medical advice differed from that received by other patients presenting similar symptoms or as to whether the assessment was designed to detect acute and severe symptoms. See Jackson v. East Bay Hosp., 246 F.3d 1248 , 1255-56 (9th Cir.2001) (recognizing EMTALA imposes no standard of care for screening patients; “the touchstone is whether ... the…