Can I Sue a Hospital if They Denied My Medical Treatment?
If a hospital denied your medical treatment, you may be able to sue them for their actions. Whether or not you will be successful with your claim depends on the circumstances and reasons for the refusal to treat.
The Emergency Medical Treatment and Labor Act (EMTALA), passed by Congress, requires hospitals to provide emergency treatment in some situations, but this is not a blanket law that mandates treatment in all cases.
Keep reading to learn more about when you may be able to sue a hospital for denial of medical treatment.
When Can I Sue a Hospital for Refusing My Medical Treatment?
Whether or not you have a valid claim against the hospital depends on the specific circumstances of your situation. You may have a valid claim under the EMTALA for refusal of treatment, but you could also have a valid medical malpractice case if the hospital was negligent during treatment.
The circumstances of your case determine the validity of your claim, including:
- Type of treatment: Were you seeking emergency treatment?
- Hospital funding: Does the hospital participate in Medicare?
- Patient condition: Were you displaying serious symptoms or in labor at the time the treatment was refused?
- Hospital facilities: Does the hospital have an emergency department?
- Harm suffered: Did you suffer harm, or did a loved one pass away, as a direct result of the lack of treatment?
- Statute of limitations: How much time has passed since the refusal of treatment?
- Applicable law: What law governs the hospital’s refusal of treatment?
Refusal of treatment claims can get somewhat complex, and navigating these legal complexities on your own can be difficult. The best way to determine whether you have a valid claim is by seeking help from an experienced attorney.
Are Hospitals Required to Provide Treatment to Everyone?
The short answer is no. Just because someone shows up at the emergency room requesting treatment does not mean that the hospital is obligated to provide that treatment. However, Medicare-participating hospitals are required to provide certain services regardless of the patient’s ability to pay.
If a patient comes to the emergency department of a Medicare-participating hospital, the hospital must provide an appropriate medical screening exam to determine whether an emergency medical condition exists. If the patient has an emergency medical condition or is in active labor, the hospital must provide stabilizing treatment or arrange an appropriate transfer, regardless of the patient’s ability to pay.
Can a Hospital Refuse to Treat Me?
Yes, a hospital can refuse to give you medical treatment in some cases. For example, if you are making up your symptoms just to receive certain types of drugs, then the hospital or doctor can refuse to treat you.
Situations in which hospitals may refuse treatment are different in emergencies versus routine care. Generally, a hospital may refuse to provide you with routine care, but the situations in which emergency care may be refused are much more limited.
Hospitals may never deny care on a discriminatory basis.
This means they cannot deny care solely based on:
- Race
- Gender
- Religion
- Age
- Sexual orientation
- Disability
If the refusal to treat is based on one of these characteristics, you may have a right to sue the hospital.
Proving Medical Malpractice
Another reason that a patient might sue a hospital is for medical malpractice based on negligence. This means that the hospital was negligent in the care (or lack thereof) they provided, and the patient suffered injuries or damages as a result.
Additionally, Kentucky requires plaintiffs in medical malpractice claims to file a certificate of merit prior to filing a lawsuit. This means that you must have a medical expert review the facts of your case and agree that it is legitimate.
If you can successfully prove your lawsuit, you may be entitled to recover economic and non-economic damages from the hospital.
Schedule a Free Case Review With a Louisville Medical Malpractice Lawyer From HJV Car Accident Personal Injury Lawyers Today
If you believe a hospital wrongfully denied you necessary medical treatment and you suffered harm as a result, don’t face the legal battle alone. Proving negligence, establishing a violation of EMTALA, or showing discriminatory denial of care can be complex. The skilled legal team at HJV Car Accident Personal Injury Lawyers is ready to review the details of your situation and advise you on your legal options.
For more information, don’t hesitate to contact HJV Car Accident Personal Injury Lawyers to schedule a free consultation at (859) 578-4444 with a medical malpractice attorney in Louisville today. We have two convenient locations in Louisville and Fort Mitchell, Kentucky.
We proudly serve Jefferson County, Kenton County, and its surrounding areas:
HJV Car Accident Personal Injury Lawyers – Louisville, KY Office
600 W Main St Ste 200
Louisville, KY, 40202
(859) 578-4444
HJV Car Accident Personal Injury Lawyers – Fort Mitchell, KY Office
2380 Grandview Dr
Fort Mitchell, KY, 41017
(859) 578-4444