Accidents happen when we are least expecting them to. They are never conducive to the lives of the person who sustains the injury. This is why it’s possible to be injured during a time when a victim may not have health insurance in order to pay for the treatment they received. The victim may be awaiting health benefits of a new job to commence or may not be able to afford a health insurance policy. In the event that a victim needs medical attention, they may be wondering if a doctor can refuse to provide them with medical treatment in the absence of.
The answer to this is not always clear. The law of each state is differing in terms of a doctor’s right to turn away patients seeking medical treatment. The complexities of each situation are different, which is why contacting an attorney well versed in medical malpractice attorney can help you to determine if filing a lawsuit is the right decision for you.
Doctor’s Right to Refuse
Under the Emergency Medical Treatment and Active Labor Act, all doctors are required by law to see injured patients regardless of their ability to pay for their medical expenses. Because of this, they can not legally deny treatment to someone who has suffered an injury. However, there are various reasons as to why a doctor is within their right to deny treatment to individuals, as a skilled doctor and hair transplant surgeon Manhattan relies on can attest. The most common reasons that a doctor may refuse to provide medical care include:
- When no illness is present
- The patient is dangerous, putting themselves and others at risk of harm
- The patient is addicted to substances and is seeking prescribed medications
- A medical practice does not have the availability (not accepting new patients or has no appointments available)
You may be entitled to compensation if you were not given the emergency medical attention that you were needed and your injury or illness worsened.
Treatment in Emergency Rooms
In an emergency room, patients can be forced to wait long periods of time before they are seen by a doctor. As a result of this, they grow impatient and leave the facility. Patients aren’t actually denied medical treatment per se, but often feel they were when they’re waiting for a doctor in order to be seen. Emergency situations are triaged in order of medical necessity. For example, someone with a more severe injury such as chest pains will be given priority over someone in the emergency room with a broken finger, regardless of who was there first.
If you feel that you were recently denied medical care, consulting with an attorney can help to determine next steps. They can help to sort through whether the denial of medical care was within the legal rights of medical personnel or the result of gross negligence.
Thanks to our friends and contributors from Dr. Robin Unger for their insight into what good medical practice looks like.