Is It Legal To Deny Uninsured Patients Emergency Medical Treatment? | Toledo, Ohio Medical Malpractice Attorney

The Emergency Medical Treatment and Labor Act (EMTLA) was added in 1986 to the Consolidated Omnibus Reconciliation Act (COBRA). EMTLA makes it no longer legal to deny emergency treatment, transfer or to dump the uninsured patient on a charity hospital. If the patient is believed to be having a medical emergency, based on an examination done when they arrive. The patient must be stabilized before any transfers happen. Even if the patient is uninsured the hospital cannot refuse to examine them.

The patient can only be transferred to a different hospital if the hospital lacks the ability to stabilize the patient's condition. If the doctor or hospital denied treatment or hid the seriousness of a patient's condition so the patient could be transferred or was denied treatment, the doctor and hospital are fined, the fines can range up to $50,000 for every time EMTLA is violated.

The hospital has the right to ask about the patient's ability to pay but they cannot base or delay the patient's treatment for this reason. The hospital also has the right to refuse treatment to an uninsured patient who is not having an emergency medical situation. The hospital also cannot force a patient to have an emergency medical treatment if they do not want it. If the patient refuses treatment, the hospital has no duty to hold them. But the hospital should get a signature from the patient in saying they are refusing treatment.

If you or someone you know have been injured due to medical malpractice contact our Toledo, Ohio personal injury lawyers at 800.637.8170 to set up a free case evaluation.