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MUZAFFAR v. AURORA HEALTH CARE SOUTHERN LAKES

Case No. 13-CV-744.

985 F.Supp.2d 875 (2013)

Kamal MUZAFFAR, M.D., Plaintiff, v. AURORA HEALTH CARE SOUTHERN LAKES, INC., Defendant.

United States District Court, E.D. Wisconsin.

November 27, 2013.

Attorney(s) appearing for the Case

Lisle W. Blackbourn, Godfrey Leibsle Blackbourn & Howarth SC, Elkhorn, WI, for Plaintiff.

Jane E. Appleby, Aurora Health Care, Milwaukee, WI, for Defendant.

DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS

NANCY JOSEPH, United States Magistrate Judge.

This lawsuit, which arises under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, presents an issue of first impression. Is a physician who enjoys privileges at a hospital an employee of that hospital for purposes of EMTALA's whistleblower provision? For the reasons I explain in this decision, I answer in the affirmative...

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