NYU Langone Doctor Fails With Emergency Law Whistleblower Claim

A New York doctor can’t proceed with a lawsuit alleging his hospital employer fired him for complaining about its refusal to transfer a patient in violation of an emergency care law, a federal court said.

Alexander Weller didn’t plausibly plead an actual violation of the Emergency Medical Treatment and Labor Act, and the law’s whistleblower protections extend only to people who report actual violations, the US District Court for the Eastern District of New York said Monday.

A “transfer” under EMTALA occurs when an patient is moved “outside a hospital’s facilities,” not when transferred from one facility to another operated ...