Given the rising number of patients in need of medical attention since the start of the COVID-19 pandemic, the question “Can a hospital refuse treatment to patients?” has become a trending topic on various search engines.
Hospitals can refuse to admit or treat certain patients without incurring liability. Although hospitals cannot deny treatment to individuals for discriminatory purposes (e.g., race, gender, sex, etc.), they can do so for other reasons, such as:
In light of these reasons, many courts will apply the general rule of thumb that a hospital has no obligation to help every patient that walks through its doors.
There are certain situations where a hospital can be held liable for refusing to admit or treat patients, such as if the hospital denies treatment based on discriminatory reasons.
Another example of when a hospital may be held liable for refusing treatment is during an emergency. For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, the hospital will be held responsible for turning away a patient who needs immediate medical attention.
Recently, due to COVID-19 conditions, there has been much debate over whether a hospital can refuse service. The answer to this question is: it depends. There are some other factors that will impact whether a hospital can be held liable under these conditions, including:
Many other questions vary based on the circumstances surrounding the reasons for refusal.
It is important to keep in mind that it matters who the party was that refused a patient treatment. For one, the person refusing to provide medical treatment to the patient must be someone who is employed by the hospital. That person must also possess the authority to decide which patients can or cannot receive treatment.
In most cases, this generally will include any hospital staff that is in charge of the treatment and care of patients, such as doctors, nurses, and other relevant medical personnel.
In some cases, it may be important to understand the reason as to why a hospital refused to admit or denied treatment to a patient.
For instance, if a doctor employed by the hospital uses their professional medical expertise to decide that a patient’s condition doesn’t require treatment, which in turn, results in a refusal for treatment, a court will likely consider this a reasonable excuse to do so. In these cases, the hospital will not be found liable.
On the other hand, if a doctor refuses to admit or treat a patient without ever considering the patient’s current medical condition, some courts will find that the hospital should be held liable for refusing to admit or treat the patient. For example, there are some situations where a hospital can be held liable if they make a determination based on whether to treat patients with or without insurance.
According to the terms of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), a hospital cannot refuse a patient medical treatment if it is an emergency, regardless of whether the patient is insured or not. If a patient requires immediate medical attention or is in active labor, a hospital can be held liable for refusing to admit or denying treatment to an uninsured patient.
In contrast, if a patient’s conditions do not fall under the protections offered by EMTALA, then the hospital may refuse to admit or treat the patient simply because they are uninsured. A hospital is a business after all, which means they will sometimes have to make tough decisions in order to protect themselves from liability.
Hospitals are not required to treat every patient that seeks medical help. Hospitals operate as businesses. Treating patients, especially those who are uninsured, is expensive. Hospitals make business decisions in relation to how, and even if, a patient should be admitted or treated.
Other reasons a hospital may choose not to admit or treat include:
If you have suffered further injuries or illness due to being denied admittance or treatment by a hospital, then you should consider contacting a local personal injury lawyer for advice. Your attorney will be able to determine whether you have a viable claim, and if so, they can walk you through the process of recovering any damages you might be owed for the harm done to you.
In addition, an experienced personal injury lawyer can explain how the laws in your state might affect the outcome of your case, and can let you know whether there are any legal exceptions that may bar you from recovery. Your attorney will also be able to provide representation on your behalf in court if necessary, or can help you with negotiations during a settlement.
There are many questions today surrounding whether a hospital can refuse to treat patients. If you have been turned away by a hospital or suffered injury from a hospital’s refusal to treat you, use LegalMatch to contact an experienced personal injury lawyer in your area today. A personal injury lawyer can answer any questions you may have about hospital services and patient treatment.
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