How Long Does One Have To File An EMTALA Suit?

With a two-year Statute of Limitations built into the EMTALA law, does anything toll or extend the time to file a law suit?   Not according to a Puerto Rico federal court.

While not finding any affirmative authority for tolling, the Court considered whether “equitable tolling” or extension for fairness was an avenue to get around the strict 2-year limitation.  One of the chief elements required is reasonable efforts on the part of the claimant to become aware of the facts and pursue them.

The court concluded that the facts showed that the claimant in this case had not been diligent in pursuing their rights and ruled that they had missed the last date for filing their claim under EMTALA.  The court also pointed out that no other Court has ever found a legal or equitable justification to toll the statute of limitations under EMTALA.

Burgos-Taboas et all. V HIMA San Pablo Hosp. Bayamon (D. P.R.)

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