A.H. v. Ahmad Khalifa, M.D., et al.

Summary

The United States District Court for the Central District of California denied the government’s motion to remand a medical malpractice action involving employees of Eisner Pediatric & Family Medical Center. The court held that the plaintiffs were patients of Eisner when the allegedly negligent services were provided at a hospital, making the defendants eligible for coverage under 42 U.S.C. § 233 and requiring substitution of the United States as defendant under the Federal Tort Claims Act.

Holdings

1. Medical services provided by a federally deemed community health center and its employees to preexisting patients remain covered under 42 U.S.C. § 233 when the patients receive continuation-of-care services at a hospital, even if the services also satisfy obligations under a contract with the hospital.
2. The plaintiffs were patients of Eisner at the time of the allegedly negligent care, notwithstanding their simultaneous admission as patients of California Hospital Medical Center.
3. The motion to remand was denied, and the United States was substituted as defendant in place of Ahmad Khalifa, M.D., Borzouyeh Poursharif, M.D., and Eisner Pediatric and Family Medical Center.

Questions Presented

1. Whether services provided by a federally deemed community health center and its employees to preexisting patients at a hospital remained covered under 42 U.S.C. § 233 despite being provided pursuant to a contract between the health center and the hospital.
2. Whether the plaintiffs were patients of Eisner at the time of the allegedly negligent medical services, rather than patients solely of the Hospital.
3. Whether the United States should be substituted as defendant under the Federal Tort Claims Act and the motion to remand denied.

Disposition

other