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Health Law Keyed to Furrow
Williams v. U.S.
Facts
The decedent, Berlie White, went to Cherokee Indian Hospital (CIH) suffering from respiratory distress. CIH, the nearest hospital Mr. White could reach at the time, was an Indian hospital operated on the Cherokee Reservation by the United States Public Health Service. CIH was operated under the federal Indian Health Care Improvement Act (IHCI Act), which prohibits treatment of non-Indians, except for discretionary treatment in emergency situations. The federal employees at CIH refused to treat Mr. White and refused to refill his oxygen tank. Mr. White was referred to another hospital ten miles away. When he arrived at that hospital, Mr. White was in extreme distress and he died from complications of oxygen deprivation the following day. Plaintiff, the adminstratrix of Mr. White's estate, brought suit under various theories claiming the breach of a duty to provide emergency treatment on a non-discriminatory basis. The district court dismissed and this appeal followed.
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