Statutory construction
A no-fault insurance law that awards one level of damages where a medical professional has determined that an emergency existed and a second level of damages where a medical professional determined that an emergency did not exist awards the latter damages when no medical professional opinion was obtained.
http://media.ca11.uscourts.gov/opinions/pub/files/201413724.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.