It is sad that many people in the United States cannot afford reasonable access to health care. This problem is pervasive and is especially problematic here in Mississippi. Sadly, the emergency room becomes the primary-care physician for many people. And if you think back to the 1980’s, there was a persistent healthcare nightmare depicted on the nightly news—individuals desperately in need of medical care being refused service at private hospitals and being transferred or “dumped” on publicly funded medical facilities with no capacity. In 1986, this practice became illegal in the United States when Congress passed the Emergency Medical Treatment and Active Labor Act or EMTALA. The EMTALA guarantees people emergency medical treatment if they need it, regardless of their ability to pay.
If you or a loved one was removed from a private medical center when you needed emergency care or were in labor, you may have a claim under the EMTALA, especially if you were harmed as a result of the transfer or delay in treatment. Similarly, if you reported this conduct and were retaliated against by your hospital, you may also have a claim. If you think you may have a claim under the EMTALA, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
What are EMTALA’s Requirements for Hospitals?
The EMTALA only applies to hospitals with an emergency department, so it will not apply if you were simply refused service at a specialty medical center or any other medical center lacking an emergency medicine department, as the law only applies to “emergency medical conditions.” Under the EMTALA, a qualifying hospital must:
- Provide necessary screening and stabilization to anyone seeks treatment for an emergency medical condition or is in labor;
- Provide an appropriate transfer to an appropriate hospital that has the capacity to treat the patient if the patient requests the transfer or the treating hospital lacks capacity;
- Not delay treatment or examination simply to investigate a patient’s ability to pay;
- Accept transfers from other hospitals if the transferred patient is in need of a specialty that the receiving hospital has a specialty in providing and capacity to provide treatment;
- Obtain written documentation of a patient’s refusal of examination, treatment, or transfer;
- Not retaliate against medical personnel who enforce EMTALA or report a violation of it.
What is a Qualifying “Emergency Medical Condition” Under the EMTALA?
An “emergency medical condition” is a situation that places the patient’s health in jeopardy, which means impairment of bodily functions or danger to any organ or body part. It also includes jeopardy to an unborn child.
If a patient is suffering from an emergency medical condition, they must be admitted, screened, and stabilized. If that hospital has the capacity, they must be treated there. If they are transferred when from a hospital that can treat them, the hospital may be liable for an EMTALA violation.
What Should You Do If You or a Loved One Has Been Injured?
If you or a loved one was transferred from a hospital for financial reasons and suffered subsequent injury, you may have a viable claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s insurance company. These are important tasks that a personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a medical injury. Contact us now at (800) 707-9577.
