Federal law states that any hospital participating in Medicare will usually be expected to provide emergency medical care regardless of whether or not the individual has the means to pay for treatment. This raises the question: if a hospital refuses you treatment, can you sue them for medical malpractice? Since hospitals cannot deny treatment based on race, gender, insurance coverage, or financial standing, in some cases, the answer could be yes. If you believe a hospital has violated its legal duty to provide emergency medical care, you should consult with a medical malpractice lawyer in Knoxville, TN, to discuss your case and determine if you have grounds for a lawsuit.
Let's take a closer look at when to call a medical malpractice lawyer in Knoxville, TN, when you are refused treatment.
When Is a Hospital Legally Obligated to Provide Medical Care?
The majority of hospitals with an emergency department are required by the Emergency Medical Treatment and Labor Act (EMTALA) to provide a medical evaluation and urgent care to stabilize any patient who presents at the hospital with an emergency medical condition. This applies to everyone, even uninsured patients. Under the terms of the law, the hospital is obligated to take the following steps:
- Provide the necessary examination and screening to confirm the presence of an emergency medical condition.
- Stabilize the patient before transferring ot discharging them.
- Avoid transferring an unstable patient unless certain conditions are met.
When a hospital fails to take these steps and the patient suffers harm, the hospital can be held legally responsible, and it is time to consult a medical malpractice lawyer in Knoxville, TN.
Why Would a Hospital Refuse to Treat a Patient?
In some cases, hospitals may have a valid and legal reason to refuse treatment, but many of the common reasons given by hospitals are potentially illegal. Some of the most common illegal reasons to refuse treatment that would warrant you talking to a medical malpractice lawyer in Knoxville, TN, include the following:
- Refusing treatment because of the patient's inability to pay
- Denying care because the patient is uninsured or underinsured
- Turning away a patient based on race, religion, disability, or immigration status
- Failure to triage for emergency conditions
It is also common for hospitals to refuse treatment based on overcrowding or a lack of available resources, which may not necessarily be illegal as long as the choice was not based on negligence or discrimination.
Can I Sue for an EMTALA Violation?
If you believe that a hospital has violated EMTALA and you have suffered harm as a result, you may have a valid claim against the hospital and should consider consulting a medical malpractice lawyer in Knoxville, TN. You may be able to sue for damages relating to the following:
- Additional medical expenses caused by a delay in treatment
- Pain and suffering relating to a worsened medical condition or unfavorable outcomes due to a lack of treatment
- Lost income due to inability to work
- Any other financial or personal losses that are linked to the denial of medical care
As with any medical malpractice case, you will need to meet the appropriate legal standards. In short, your medical malpractice lawyer in Knoxville, TN, must be able to show that the hospital owed you a duty of care under the terms of EMTALA and that they breached this duty, resulting in harm to the patient.
It is important to note that if your condition is not deemed an emergency, EMTALA may not apply, and the hospital can refuse treatment. Depending on the circumstances, you may still have some legal options, for example, if you can prove that the denial was based on discrimination, or if you believe there is a breach of contract where a previous treatment agreement was in place. A medical malpractice lawyer in Knoxville, TN, can look at the circumstances and let you know if there is a valid lawsuit.
What To Do If You Are Denied Medical Care
If you believe that a hospital has illegally refused to treat you, it is important to take the following steps to help with filing a potential lawsuit.
- Request your medical records and make sure the treatment refusal is documented.
- Write down an account of the interaction while it is fresh in your mind, making sure to note the names of any medical professionals you speak to, the times and dates, and your symptoms.
- Collect contact information from any witnesses who may be willing to support your claims.
- Get in touch with an experienced medical malpractice lawyer in Knoxville, TN.
A statute of limitations is in place, so it is essential to seek legal counsel as soon as possible.
Being denied medical care when you are facing an emergency is not only frightening but may also be unlawful under federal law. While hospitals have certain rights when it comes to treatment decisions, they are also bound by EMTALA and other regulations that protect patients from discrimination and neglect. If you have suffered harm because a hospital refused to treat you, don't wait to take action. Speaking with a skilled medical malpractice lawyer in Knoxville, TN, can help you understand your rights, evaluate your options, and pursue the compensation you may deserve.
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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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