Accidents are going to happen. Some accidents are considered small that only requires a Band-Aid, while other accidents can require much more, such as emergency treatment. For some, if emergency treatment is needed, they go to the hospital without worrying as much about their treatment of care or whether they will be treated at all because they have health insurance.
However, for others –those who do not have health insurance – receiving emergency treatment is a concern because they may be turned away because they simply cannot afford to receive the care. Although this is a true concern, is being denied emergency treatment legal? If you or a loved one have been denied emergency treatment, it is in your best interest to contact an experienced Birmingham personal injury attorney so that we can strategize about the best possible outcomes for your situation.
Can A Hospital Deny Emergency Treatment?
The answer to this question is both, yes and no. Private hospitals have the ability to turn away anyone who is unable to pay for their non-emergency care. Yet, when the hospital is considered to be a public hospital or a hospital that is funded by taxpayers, that hospital cannot refuse anyone health care. Though this is true, under the Emergency Medical and Treatment Labor Act (EMTLA), public and private hospitals are prohibited from denying any individual’s care in an emergency situation as well as provides that a hospital is not allowed to make unnecessary transfers while care is being sought and prohibits suspending care once emergency care has been started.
When a person has an emergency medical situation, a hospital must provide stabilizing care. However, if an individual is not experiencing an emergency and an individual does not have health insurance or the funds to pay for services rendered, then a hospital is not legally required to treat you. It is important to note, however, that though a hospital is not allowed to turn away patients in need of emergency care, they are still allowed to ask about payments as well as set up payment plans to your or your loved ones. If you have been put in this situation, it is important to seek legal advice as we may be able to help you with your situation.
Need Legal Advice?
When there is an emergency in which treatment is needed, you should be able to seek care regardless of whether you have health insurance or not; however, the reality is that is not always the case. Knowing your rights as they pertain to emergency treatment is the beginning of alleviating any mental or physical anguish you may have during your emergency situation. Because all situations are different, it is in your best interest to contact an experienced Birmingham personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today!
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.