Under federal law, hospitals that participate in Medicare are generally required to provide emergency medical care regardless of a person’s ability to pay. But if you were turned away and suffered harm, you may be wondering: Can I sue a hospital for refusing to treat me?
In some cases, the answer is yes. Hospitals are not allowed to deny emergency treatment based on race, gender, insurance status, or inability to pay. If a hospital violates your rights or neglects its legal duties, you may have grounds to file a lawsuit and recover compensation.
When Is a Hospital Legally Required to Provide Care?
The Emergency Medical Treatment and Labor Act (EMTALA) requires most hospitals with emergency departments to provide a medical screening exam and necessary stabilizing care for anyone who comes in with an emergency condition. This law applies to all patients, not just those with insurance.
Hospitals must:
- Provide an appropriate screening exam to determine if an emergency medical condition exists
- Stabilize the patient before transferring or discharging them
- Avoid transferring unstable patients unless certain conditions are met
If a hospital fails to meet these requirements and a patient suffers harm as a result, the hospital may be held legally responsible.
Reasons a Hospital Might Refuse Treatment
While some treatment refusals are legal, others are not.
Common (and potentially unlawful) reasons a hospital may deny care include:
- Refusing treatment based on inability to pay
- Denying emergency care to uninsured or underinsured patients
- Turning away patients due to race, religion, disability, or immigration status
- Failing to properly triage or screen for emergencies
Some refusals may result from overcrowding or limited resources, which may not qualify as violations unless negligence or discrimination is involved.
Can I Sue a Hospital Under EMTALA?
If a hospital violates EMTALA and you are harmed as a result, you may have a claim against the facility.
You can sue for:
- Medical expenses caused by delayed treatment
- Pain and suffering resulting from worsened medical outcomes
- Lost income from time away from work
- Other financial or personal losses tied to the denial of care
However, these claims must meet strict legal standards. You must prove that the hospital had a duty under EMTALA, that it breached this duty, and that you suffered harm as a direct result.
What if the Refusal Wasn’t an Emergency?
If the hospital refused treatment for a non-emergency condition, EMTALA may not apply.
But you might still have legal options, such as:
- Medical malpractice claims if a provider’s negligence caused harm
- Discrimination lawsuits if the refusal was based on protected characteristics
- Claims for breach of contract if you had a prior treatment agreement
An attorney can help evaluate whether another legal theory applies to your case.
What to Do if You Were Denied Medical Care
If a hospital refused to treat you and you believe the refusal was illegal or negligent, take these steps:
- Request your medical records to document what happened
- Write down details of the interaction, including names, dates, and symptoms
- Talk to witnesses who may support your account
- Consult an attorney experienced in medical negligence or hospital liability
You may have a limited time to file a claim, so it’s important to act quickly.
Contact the Atlanta Medical Malpractice Law Firm of Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If you’re asking, can I sue a hospital for refusing to treat me? The answer depends on the circumstances. Emergency treatment denials often violate federal law, while non-emergency refusals may raise questions of malpractice or discrimination.
If you or a close one have suffered from medical malpractice in Atlanta, Georgia, please call Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 or contact us online to schedule a free case evaluation today.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346