Richmond healthcare senior counsel Nathan Kottkamp commented in an April 26 Bloomberg BNA Healthcare Law Reporter article on potential damages hospitals face if courts rule in Scott v. Ruston La. Hosp. Co. that medical malpractice claims brought under the Emergency Medical Treatment and Labor Act (EMTALA) are not limited under state caps.
In the article, Kottkamp noted that Scott, currently pending before the 5th U.S. Circuit Court of Appeals, is “one of those cases to watch because if it gets escalated and the U.S. Supreme Court decides the state medical malpractice caps don’t apply, hospitals can be liable for some serious damages under EMTALA.”
The article, “Paralyzed Girl’s Parents Can Appeal Court Order Capping Hospital Damages,” is available online.