Every year approximately 137 million people in the United States end up at the hospital emergency room. Medicare-approved hospitals are required by federal law to provide emergency medical treatment to people who need it regardless of whether they have medical insurance or not. Approximately 15% of adults in America do not have medical coverage. Here we are going to explore the kind of care to expect from doctors and hospitals and what you can do about it if they refuse to give you medical treatment and you are harmed in the process. If you are in the New Bedford area and you are denied medical treatment, you should contact a New Bedford medical malpractice lawyer as soon as possible to find out what legal options you have.
When can the hospital or a doctor deny you medical treatment?
When you arrive at the emergency room, a triage nurse will check your temperature, blood pressure, pulse, and breathing. They will then determine whether your situation is urgent compared to other patients waiting to be seen. If your condition is life-threatening then you will be prioritized.
Example
John Doe, a patient with serious burns, is wheeled into the emergency room. Jane, on the other hand, arrived with a broken ankle and was in serious pain. Both of them require urgent care but John’s condition is life-threatening. Jane, therefore, has to wait several hours before the doctor sees her as it only makes sense to stabilize John because his condition is more severe. Jane gets impatient and leaves the hospital only to come back and file a medical malpractice lawsuit against the hospital claiming that the staff was negligent and denied her medical care. In such a situation, Jane would have a hard time winning her case because she cannot convince the judge that she was denied emergency care.
What are some of the reasons that you might be denied treatment at the emergency room?
Some of the most common reasons why you might rightfully be denied emergency medical care include:
- You have a drug problem. This means that you are addicted to prescription drugs and you are exhibiting drug-seeking behavior.
- You do not have a real illness or emergency
- You display dangerous or destructive behavior while waiting to be seen
In most cases, the emergency room doctor will still see you even if you do not have a medical emergency. However, patients with more critical conditions will be prioritized over you and you will have to wait several hours to be seen.
The hospital cannot release a patient until their condition is stable
Once a doctor has evaluated you and all the necessary medical tests have been performed, the hospital should not discharge you before your condition has been stabilized. For example, a patient with a psychiatric condition cannot be discharged before they’re admitted to the hospital’s psychiatric unit even if they don’t have coverage for their treatment.
Example
According to ABC News, the City of San Francisco filed a lawsuit against Nevada in September 2013 for prematurely discharging psychiatric patients in a practice that’s known as patient dumping. The reports alleged that Rawson-Neal psychiatric hospital in Las Vegas discharged approximately 1,500 patients in 2008. 24 of those patients were put on a bus to San Francisco even though neither their families nor they lived there and the hospital never reached out to make arrangements for their patients prior to discharging them. A 36-year-old patient who was diagnosed with schizophrenia and psychosis was put on a bus to San Francisco 3 times. The final time he was put on a bus to the same location, he tried to purchase a gun with the intention of killing himself or others.
When should you hire a New Bedford medical malpractice lawyer?
If you were denied medical treatment and your condition got worse, you have the right to seek compensation. The state and federal laws obligate hospitals and medical providers to provide emergency medical care to anyone who needs it. A medical malpractice lawyer in New Bedford understands all the laws and regulations that can help you secure compensation for your injuries. Filing a medical malpractice lawsuit on your own is not advisable because doctors and hospitals have an army of skilled lawyers who will aggressively undermine your claim in a court of law. At Kevin P Landry Law Offices we do not charge for initial consultations so it costs you nothing to find out what our medical malpractice lawyers can do for you. Contact us today at 508-999-0800 to schedule your free case analysis.
