# Trivette v. North Carolina Baptist Hospital, Inc.

> Court of Appeals of North Carolina · October 6, 1998 · 131 N.C. App. 73

URL: https://www.frixlaw.com/law-library/cases/9605500

## Case

- **Full name:** ELMER TRIVETTE and NANCY TRIVETTE, as Co-Administrators of the Late Randy James Trivette, and Nancy Trivette, Individually, Plaintiffs v. NORTH CAROLINA BAPTIST HOSPITAL, INC., Defendant
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 6, 1998
- **Citations:** 131 N.C. App. 73; 507 S.E.2d 48; 1998 N.C. App. LEXIS 1247
- **Precedential status:** Published
- **Opinion:** Dissent by Greene
- **Judges:** Wynn, Walker, Greene
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9605500

## Opinion text

Judge Greene
dissenting.
In this case, there is uncontradicted evidence that Randy did not receive certain tests recommended by the emergency room doctor. This evidence presents a genuine issue of fact as to whether Randy was provided an “appropriate screening examination,” as required by the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd (Supp. 1998). I, therefore, would reverse summary judgment for the defendant hospital and remand.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9605500. Public record. Not legal advice.