This section contains the nature of the case and procedural background.

Smith (P) was pregnant and was admitted to Richmond (D) with premature rupture of the uterine membranes. The condition developed into a medical emergency with contractions. P was ordered transferred to another hospital where she was taken to the delivery room, and both mother and child suffered substantial deliveries from the caesarean. P sued D, and the trial court sustained a demurrer to the complaint against D. The issue was over the interpretation of COBRA and whether P fell within its ambit for emergency medical treatment for women in active labor.

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