Smith v. Botsford General Hospital
- Amicus Brief - October 2004 (10/27/2004)
After losing a personal injury suit in the trial court, Botsford Hospital appealed to the Sixth Circuit, raising several arguments. Public Citizen submitted an amicus brief to address the argument that Michigan's medical malpractice damages cap limits recovery under the Emergency Medical Treatment and Active Labor Act (EMTALA). The amicus brief explained that the Michigan law, by its own terms, applies only to traditional malpractice claims, which are distinct from EMTALA claims. The court disagreed and held that the cap limited Smith’s non-economic damages.