My girlfriend rushed me to the emergency room at our local hospital after I fractured my ankle in a bike riding accident. They refused to provide me with treatment since I have no medical insurance. By the time I was able to get medical treatment, my condition became much worse requiring surgery. Can I sue the hospital for not providing emergency medical treatment?
Are hospital lawsuits possible for patients that were denied treatment and suffered a medical condition?
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Answer:
The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted as a federal law to prevent private hospitals from transferring uninsured patients to public hospitals without consideration of their medical condition. Hospitals are required to perform a medical screening of any person who comes to the hospital and requests care to determine whether an emergency medical condition exists. The staff must either stabilize that condition to the extent of their ability or transfer the patient to another hospital with the appropriate capabilities.
Bringing a medical malpractice suit against a hospital can be more complicated than suits brought against private practitioners. However, juries are more likely to punish institutions more often than doctors because hospitals are perceived as faceless entities with large wallets. Statistics show that hospital claims are paid in roughly fifty percent of all malpractice lawsuits. You should consult a medical malpractice attorney for advice regarding your case.
Talk to a Medical Malpractice Lawyer to get legal advice regarding your options for malpractice compensation.
Good luck.
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Posted by Linda Adams on 11 Jun 2010