Q: EMTALA Federal case. Scope of discovery to be propounded by Plaintiff.

A: In considering the scope of discovery for an EMTALA (Emergency Medical Treatment and Labor Act) case, it's crucial to understand that discovery should be relevant to the claims and defenses in the specific case. EMTALA focuses on ensuring patients receive emergency medical screening and stabilization in emergency departments, regardless of their ability to pay.

If you're dealing with allegations of fraud or False Claims Act (FCA) violations, these generally fall outside the direct purview of an EMTALA claim. EMTALA cases typically do not delve into issues of fraud unless they directly relate to the denial of appropriate emergency medical care as required under EMTALA.

However, if there is a plausible connection between the alleged EMTALA violations and the fraudulent activities — for instance, if the fraud could potentially explain why the EMTALA violations occurred — then those discovery requests might be considered relevant. It's a nuanced area where the specific facts of the case can significantly influence the scope of discovery.

In practice, if you believe that the fraud/FCA issues are pertinent to your EMTALA case, you may propose these discovery requests. Be prepared, though, for the possibility of objections from the opposing side on grounds of relevance. The court will ultimately decide whether such requests fall within the scope of discovery for the EMTALA case.

It's also worth noting that FCA claims are often complex and require filing a separate action, typically under seal. This means that the evidence and discovery in an FCA case may not automatically be transferable or relevant to an EMTALA case.

In such intricate legal scenarios, it might be beneficial to consult with an attorney experienced in both EMTALA and FCA matters to navigate the complexities and ensure that your discovery strategy aligns with your case objectives.