Rosalyn BROOKER, Plaintiff-Appellant, v. DESERT HOSPITAL CORP., Defendant-Appellee, California Medical Association, Amicus

Following a bench trial, the district court entered judgment for the defendant on Rosalyn Brooker’s claims that Desert Hospital refused to treat her and transferred her in violation of 42 U.S.C. § 1395dd and California law. We affirm.

I

On the evening of January 25, 1988, Brooker was admitted to Desert Hospital’s emergency room complaining of chest pains. She was diagnosed with a probable acute myocardial infarction (heart attack) and was admitted to the Coronary Care Unit under the supervision of Dr. Narasi-mha Rao, a cardiologist. On January 26, 1988, a number of tests, including a coronary angiography, revealed a 99 percent occlusive obstruction of the left anterior descending artery and 70 percent obstruction of the right posterior descending artery.

Sometime on January 26th, Brooker and Dr. Rao discussed treatment possibilities. Brooker asserts that Dr. Rao informed her that there were two treatment options, coronary angioplasty (the use of a balloon to dilate a coronary artery) and coronary bypass surgery. Brooker further asserts that she chose angioplasty and informed Dr. Rao of that decision. Dr. Rao testified that after reviewing the results of the coronary…