Maryum Tahirkheli brought her three-year-old daughter, A.A., to the hospital’s emergency room hours of May 23, 2024, after the child began screaming. Emergency room staff asked if the child had ingested anything, and Tahirkheli retrieved packaging from her car indicating the child may have eaten half of a “sleep gummy” containing 100mg THC and 5mg CBD.
Dr. Kathryn M. Cornelius, an emergency medicine physician employed by Sound Physicians, conducted a medical screening examination of the child. The child was irritable and unable to speak, so Dr. Cornelius ordered urine and blood tests based on Tahirkheli’s statements.
The hospital was experiencing a cybersecurity event, forcing staff to use handwritten records. The handwritten lab results showed the child’s urine tested positive for tetrahydrocannabinol at 1:25 a.m. Tahirkheli later argued that a discrepancy in the electronic record’s timestamp suggested Dr. Cornelius had altered the medical records.
Dr. Cornelius informed Tahirkheli that the child had tested positive for THC and recommended admission for observation. Tahirkheli left the hospital with the child against medical advice. She testified she did not believe the results because she had not seen the test itself and did not trust the doctor.
Shortly after, police were dispatched to the hospital. Dr. Cornelius, a mandated reporter, had already notified the Kansas Department for Children and Families. Officers located Tahirkheli and returned the child to the hospital. Tahirkheli was arrested for child endangerment and held in jail for two days without bond. She was not criminally prosecuted.
Tahirkheli filed suit alleging violations of the Emergency Medical Treatment and Labor Act, the Kansas Consumer Protection Act, and intentional infliction of emotional distress.
The court addressed Tahirkheli’s failure to comply with District of Kansas Rule 56.1, which requires opposing parties to specifically controvert material facts with citations to the record. The judge noted Tahirkheli’s briefing largely failed to identify which facts she disputed or cite to the record to support her contentions.
On the EMTALA claim, the court assumed without deciding that Tahirkheli had standing to sue as a non-patient, noting that most circuits limit standing to the patient. However, the court ruled she failed to show the hospital violated its own standard procedures.
Under EMTALA, a hospital must provide a medical screening examination to determine if an emergency medical condition exists. The court found Dr. Cornelius, a qualified medical person, performed the examination, ordered appropriate tests, and continued the exam until she determined an emergency medical condition existed.
Tahirkheli argued the diagnosis was premature and that the hospital failed to follow policies on training and record maintenance. The court rejected these arguments, stating that EMTALA does not set a federal standard of care or replace state medical negligence laws. The court found no evidence that the hospital’s actions departed from its own EMTALA policy.
Because the federal EMTALA claim was dismissed, the court declined to exercise supplemental jurisdiction over the remaining state law claims under the Kansas Consumer Protection Act and the intentional infliction of emotional distress claim. The court dismissed those claims without prejudice.
Tahirkheli reported she has since lost custody of her daughter, her employment as a certified nursing assistant, and her nursing certificate.
The case is closed.