A doctor swears an oath to “do no harm” to their patients. Living up to that oath means providing a standard of care to patients regardless of gender, religion, political affiliation, or economic status.
At least, that is the theory. In practice, patients can be denied medical treatment for a variety of reasons. However, there are certain circumstances where being denied medical treatment can be considered a form of medical malpractice.
Medical malpractice is a serious accusation. It can also be a complicated case. It is the type of case where you’ll need to rely on a team of experienced Chicago medical malpractice attorneys.
Thomas Law Offices has many years of experience supporting clients who have suffered harm due to a medical professional’s negligence. If you or someone in your family was denied medical treatment, we want to hear what happened.
Can a Hospital ER Refuse Treatment?
According to the most recent data collected by the Centers for Disease Control and Prevention (CDC), there were 139.8 million visits to emergency rooms across the country in 2021. Of that number, 18.3 million resulted in hospital admissions. That means the vast majority of ER patients are treated and released. The goal of an emergency room is in the title “emergency.”
When a patient presents with a medical emergency, the hospital must provide treatment, whether that patient can pay for it or not. However, that was not always the case.
In the past, many private hospitals were notorious for patient dumping. This was the practice of transferring patients who didn’t have the means to pay to a public hospital. That often happens regardless of the patient’s condition. That included women who were on the verge of delivering a baby.
As a result, many deaths probably could have been prevented.
In 1986, the federal government stepped in and enacted the Emergency Medical Treatment and Active Labor Act (EMTALA). The goal of the act is to “ensure public access to emergency services regardless of ability to pay.”
This applies specifically to any Medicare-participating hospital, which is the majority of hospitals. Patients are now required to be treated until they are deemed medically stable to be released or transferred. A hospital without an emergency department doesn’t have to comply with EMTALA.
Even with the law in place, there are some scenarios where a patient still might be refused treatment in an emergency room. Those include the following:
- When a patient appears to be seeking treatment primarily to obtain drugs.
- When a patient has delusions of suffering despite not being ill.
- When a patient behaves destructively or dangerously while awaiting care.
It is important to note that waiting for treatment is different from being denied. Every patient who comes into an ER goes through triage, where they are assessed for the severity of their condition. Anyone with an immediate life-threatening issue will always go to the “front of the line,” regardless of how long they have been waiting.
Can a Doctor Refuse Treatment to a Patient?
The provisions in EMTALA do not cover private doctors. Doctors can’t refuse treatment based on illegal discrimination, such as age, gender, sexual orientation, race, nationality, or religion.
However, a private doctor can turn down treatment based on the following conditions:
- Their office does not accept any new patients.
- The patient is unable to pay for the costs of the treatment you need.
- Their office does not accept your health insurance.
- The doctor does not treat patients with a particular illness or injury.
Additionally, a private doctor can refuse treatment if you haven’t paid for past treatment or if they perceive you to be seeking drugs. A doctor can also refuse care based on their conscientious beliefs. That is an issue that is stirring a lot of controversy.
What Is an Emergency Medical Treatment?
The EMTALA Act was put into place to support patients with emergency medical conditions. The following illnesses would fall under that category:
- If a patient presents a severe impairment of bodily function
- If a patient presents with a serious dysfunction of a body part or bodily function.
- If the patient’s health is in immediate jeopardy.
- If the life of a mother and her unborn child is severely compromised.
If a person arrives at a hospital with any of those conditions, the facility is obligated to treat that patient and can only release them or transfer them to another hospital if they become stable. With these protocols in place, it should be easy to determine if a doctor, nurse, or hospital staff member crosses the line and denies treatment.
That can call into question a direct issue of negligence that would be a basis for a medical malpractice suit.
How an Attorney Can Support Your Claim
Before you can proceed with any type of medical malpractice claim, you must obtain an affidavit of merit from an independent medical practitioner in the field related to your injury or condition.
That might seem like an overwhelming task, but it can be handled with support from Thomas Law Offices. We have helped many clients obtain affidavits by gathering and presenting all the relevant evidence, including medical records and the physician’s history.
When we agree to take on a case, we will work tirelessly to find a fair resolution. Our goal is to support our clients in any way that will help them in their recovery journey.
If you’ve been denied access to medical care, call to set up a consultation today.
Who We Are
