American Transit v. Hiraldo, Index #: 306538/12 (Sup. Ct. Bx Co. 2013)
In this declaratory judgment action, St. Barnabus argued that a Claimant’s failure to attend IME’s is irrelevant as to them because the hospital is obligated as a matter of law to provide emergent care and treatment to the patient. In this regard, the hospital cited the EMTALA for support of this proposition.
The Court astutely noted: “While [a hospital might be obligated to treat the uninsured patient], nothing prevents the Defendant hospital from proceeding against Ariel Hiraldo for payment for services rendered.”
