Under the federal Emergency Medical Treatment and Labor Act (EMTALA), hospitals receiving Medicare funding must provide a medical screening examination to anyone who comes to the emergency room and must stabilize patients with emergency medical conditions before discharging or transferring them; however, EMTALA only applies to hospital emergency departments, not urgent care clinics or private physicians, and violations can result in civil litigation for damages.
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The Hospital Law Most Patients Don’t Know Exists #courtcase #legalseries #legaladvice #hospitalHinzugefügt:
Can a hospital legally turn you away at the door? While people assume the hospital has to treat you no matter [music] what, that's only partially true. Under the federal Emergency Medical Treatment and Labor Act, known as EMTALA, hospitals that receive Medicare funding must provide a medical screening examination to anyone who comes into the emergency room. If the emergency medical condition exists, they must stabilize you before [music] discharging you or transferring you. But here's what most people don't know, EMTALA only applies to emergency departments, not urgent care clinics, not private physicians. If you show up to a hospital and it refuses to treat you, that's generally illegal. If you're transferred from one hospital to another before being stabilized, then that's a potential EMTALA violation. And if a hospital turns you away from the emergency room without proper screening and you suffer harm as a result, that's a civil litigation case. In California, you can sue for damages under both EMTALA and state medical negligence law.
Comment case below if a hospital turned you away and you suffered harm. Way Litigation offers free case evaluations.
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