If a hospital refused to treat you, friend might be able to pursue a clinical malpractice sue to recover damages. Under commonwealth law, all hospitals that take part in Medicare are forced to administer emergency therapy to patient who need it, even if the patient is uninsured or cannot pay.
You are watching: Can a hospital refuse to treat a patient
Are Hospitals required to administer Medical Treatment?
Yes, qualifying hospitals are forced to carry out medical treatment once a patient has a problem that meets the meaning of one “emergency clinical condition” under EMTALA.
EMTALA represents the federal Emergency clinical Treatment and active Labor Act. EMTALA defines an emergency medical condition as a problem that:Manifests chin by acute and severe symptoms; andIf left without prompt medical attention, it can reasonably result in serious disability to the patient’s bodily functions, put the patient’s wellness in significant danger, or reason a major dysfunction the a body component or bodily function.
Under commonwealth law, a hospital cannot release or deliver a patient through a qualifying emergency medical condition to any kind of other facility until the patient’s problem has stabilized.
However, a hospital can not refuse additional treatment or relax the patient because of a discriminatory reason. If a hospital or medical professional refused come treat you because of your defended characteristic, such as race or color, you could have grounds to paper a lawsuit.
When Hospitals can Lawfully refuse Emergency Room Treatment
Under specific circumstances, patients deserve to be lawfully refuse emergency room treatment. Factors for denying emergency medical treatment include:The patient v addiction exhibits a classic “drug-seeking behavior”;The patience is delusional and also thinks that they have actually a serious problem when they in reality don’t; orThe patient poses a risk to hospital employee or other patients in the waiting room.
However, if a doctor or hospital refuses come treat you for everything reason, that is always best to consult with an experienced medical malpractice lawyer to advice your particular situation.
When private Doctors have the right to Deny Treatment
Private doctors are not compelled to comply with EMTALA, which way they have the right to refuse come treat patients for practically any reason and at any time. The only exemption is once a private doctor denies treatment based upon a discrimination reason.
Some of the reasons personal doctors can lawfully refuse to treat patients include:The physician is no accepting brand-new patients;The patient cannot afford the expense of clinical treatment;The patience is manifesting dangerous or disruptive behavior; orThe doctor does not work-related with the patient’s health insurance company.
See more: Can I Take A Knife In My Checked Luggage, Knife Carrying Restrictions On Aircraft
However, if her medical problem worsens due to a personal doctor’s refuse to proceed to law you, girlfriend may have grounds come sue lock for medical malpractice. Talk about your specific situation with our lawyer at Carroll regulation Firm. Call 404-816-4555 come schedule a consultation.