Q: Cmia violation claim in Emtala complaint. Joinder of defendant question.
What reasons from rule 19 apply to plaintiff's argument that hospice should not be joined as defendant for CMIA violation claim in Emtala complaint?
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A:
Under Rule 19, several reasons can be articulated for why a hospice should not be joined as a defendant for a CMIA (California Medical Information Act) violation claim in an EMTALA (Emergency Medical Treatment and Labor Act) complaint.
Firstly, argue that the hospice’s involvement is not essential to granting complete relief regarding the EMTALA claim. The EMTALA claim primarily concerns the hospital's obligations and actions in an emergency medical context, which is separate from any potential CMIA violation by the hospice.
Secondly, focus on the possibility of separate adjudication. You can contend that the CMIA claim against the hospice involves different legal and factual issues, which can be more effectively resolved in a separate lawsuit. This separation would allow for a more focused and efficient handling of the EMTALA claim against the hospital.
Moreover, argue that joining the hospice could complicate or delay the resolution of the EMTALA claim. Adding another defendant could introduce new legal issues and evidence, thereby complicating the litigation and potentially prejudicing your case.
In summary, emphasize the independence of the EMTALA and CMIA claims and the practical implications of adding the hospice as a defendant, including the risk of complications and delays. These points are critical in arguing against the joinder under Rule 19.
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