Birth Injuries Caused by The Denial of Medical Treatment at a Hospital
Several millions of people of all ages end up at an emergency room on an annual basis. In accordance with federal law, individuals have a right to treatment, even if they are uninsured or cannot afford it. Unfortunately, a significant percentage of American adults do not have health insurance.
As a result, we have put together the following information which provides a summary of what patients are entitled to when they seek care at a hospital.
In the past, patients who could not afford care were refused care and were transported, or “dumped,” at public hospitals, even when they are too sick or injured to be transported. Today, hospitals with emergency rooms that qualify for Medicare are required by both state and federal laws to provide emergency treatment, regardless of their socioeconomic status.
Under the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) which was enacted in 1986, women who are in labor and those in need of emergency treatment cannot be refused treatment or dumped in the event they unable to afford care.
Under the EMTALA, an emergency medical condition is one that occurs suddenly, with such symptoms as intense pain, psychiatric issues, or symptoms of substance abuse, where the lack of care from an emergency room could result in the following:
- The health of the person being placed in serious jeopardy
- The highly level of impairment of a specific bodily function
- The severe dysfunction of any bodily function or part
- Not a sufficient amount of time to transfer a woman in labor before delivery, or the transfer could pose serious risk to the woman or unborn child.
Under the EMTALA, a patient cannot be released or taken to another medical facility until they have been stabilized. Once stabilization occurs, the hospital can legally release the patient and refuse to provide further care, as long as there are no discriminatory reasons for same.
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Parker Waichman LLP has vast experience advocating on behalf of injured people and their families to secure the compensation they deserve. Trust your legal claim to our experienced birth injury attorneys. If you have, or your baby has, suffered harm because of hospital denial of medical treatment or medical negligence, contact our law firm today for a free consultation by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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