Can a Hospital Refuse to Treat a Patient?

A hospital doesn’t always have to provide treatment to patients seeking it. As this guide will address, there are circumstances when it’s legal for a hospital to deny treatment.

However, there are also situations, typically emergencies, when the law prohibits hospitals from refusing to treat patients. If you believe you’ve been denied treatment unfairly, speak with a medical malpractice attorney to learn more about your rights. At Munley Law, our medical malpractice attorneys are committed to fighting for the compensation you deserve. Get in touch today to schedule your free consultation.

Emergency Medical Treatment Laws

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute that establishes patients’ rights and the hospital’s requirements in emergencies. The law specifically establishes the following:

• An emergency medical department must provide a proper medical screening to anyone who visits the department requesting evaluation or care.
• If a screening indicates an emergency medical condition, an emergency department must provide patients with treatment to stabilize their condition, regardless of their health insurance status. A hospital must transfer patients to a facility that’s equipped to treat them if it lacks the medical staff or resources necessary to address a particular emergency medical condition.

A patient can experience serious health outcomes if a lack of health insurance causes an emergency department to withhold medical treatment. Contact Munley Law to learn more about potential legal options if you’ve been denied emergency care.

Types of Emergency Medical Conditions Covered

Per federal laws, an emergency medical condition is “a condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in placing the individual’s health [or the health of an unborn child] in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of bodily organs.”

Common examples of emergency medical conditions include:

• Pregnancy/labor
• Severe trauma, such as post-accident injuries
• Acute medical conditions that may result in significant pain or risk to one’s health or safety, like a heart attack

There isn’t necessarily an official list of all the conditions that may require an emergency care department to comply with EMTALA rules. You may have been denied emergency medical care due to a misinterpretation or misapplication of the law.

Additionally, not all medical facilities must comply with EMTALA. Although it applies to the vast majority of hospitals, as the law applies to any hospital participating in the federal Medicare program, some private hospitals may not participate in Medicare. In these circumstances, they don’t have to abide by EMTALA rules.

Confused about whether you have grounds to take action? Speak with our experienced medical-legal lawyers today for more information about your case.

When Hospitals Can Legally Refuse Treatment

Circumstances when it may be legal for a hospital to refuse treatment include:

• When a patient needs non-emergency services
• When a patient doesn’t require emergency care and may be unable to afford care due to lack of health insurance or other such issues
• When other patient transfer protocols apply

A hospital’s refusal to treat you doesn’t mean it was legally entitled to do so. Contact us today to learn how we can help protect your medical rights.

Patient Rights and Protections

Patients in the U.S. have certain rights that can vary depending on their state, the medical setting in which they receive treatment, and other factors. Generally, all patients have the right to advocacy. That means, among other things, patients can enlist the help of a medical malpractice attorney to assert their rights when others may be violating them.

In addition, federal law prohibits a hospital from discriminating against patients on the basis of such protected characteristics as race, color, gender, etc. You may have grounds to file a medical malpractice lawsuit if a hospital denied treatment for discriminatory reasons.

If a hospital does deny treatment, you should first ensure you receive the treatment you need elsewhere. Ask the hospital that denied you treatment for an explanation of the reason.

Don’t worry if you’re not sure whether you have a case. Schedule a free case evaluation with Munley Law to learn more about your options.

Medical Malpractice and Treatment Refusal

Medical professionals and facilities must abide by all relevant laws and provide patients with a reasonable standard of care. Medical malpractice occurs when a medical treatment provider fails to fulfill their duty to a patient, resulting in consequences for that patient.

Refusal to treat a patient may automatically qualify as medical malpractice if the law prohibits a healthcare provider from refusing to treat a patient in the applicable situation. Denying treatment may also qualify as medical malpractice if a reasonable healthcare provider in the same circumstances would not have denied treatment.

Filing a medical malpractice claim or lawsuit allows you to seek compensation for losses resulting from a healthcare provider’s refusal to treat. For example, an emergency medical condition may have worsened because an emergency department refused to provide needed treatment. If this were to happen, you may incur additional medical bills, lost wages, and similar financial losses for which compensation may be available. Compensation may also be available for non-economic struggles resulting from a healthcare provider’s refusal to treat, such as pain and suffering.

Various factors can influence the types of compensation that may be available when hospitals refuse to treat patients. Let our experienced attorneys review your case to determine the compensation available to you.

Protecting Yourself: What to Do If Denied Treatment

If you need emergency care, finding a provider to treat you is the most important step when a hospital denies treatment. Otherwise, immediate steps you should take include:

• Ask for an explanation of the denial.
• Request a meeting with a patient advocate or similar figure at the hospital.
• Take notes to document your interaction with a patient advocate.

Next, contact our medical malpractice attorneys. You may have the option of filing a claim or lawsuit against a hospital. If you have a case, we’ll fight for compensation while you focus on other responsibilities.

Protect your medical rights with Munley Law. Contact us today for your free consultation.