Firm-Wide blog

If a Hospital or Urgent Care Clinic Has Denied You Treatment

By Burg Simpson
January 12, 2022
4 min read

Most private hospitals must provide emergency treatment to patients who need help regardless of the patient’s insurance status or ability to pay. However, if a hospital or urgent care clinic has denied you treatment and you have suffered from severe health issues as a result of the hospital’s refusal to help, you may have the right to file a claim for medical malpractice. If you are seeking compensation, contact the medical malpractice lawyers at Burg Simpson now for a free case evaluation.

The U.S. Emergency Medical Treatment and Active Labor Act

The U. S. Emergency Medical Treatment and Active Labor Act (EMTALA) mandates that private hospitals and urgent care clinics that receive public funds through Medicare must provide emergency care to patients in need regardless of the patient’s ability to pay for the treatment they receive.

There are circumstances, however, under which a hospital or clinic has the right to deny patients emergency care. Reasons to deny care include:

• Patients who are seeking treatment only to obtain drugs
• Patients who are exhibiting dangerous or disruptive behavior

The Emergency Medical Treatment and Active Labor Act DOES NOT Apply to Private Doctors

Private doctors have the right to refuse to treat new patients because:

• The doctor is not accepting new patients
• The doctor does not accept the patient’s health insurance
• The patient cannot pay for the current treatment or has not paid for previous treatments
• The patient is seeking treatment only to receive drugs
• The patient’s behavior is disruptive or dangerous
• The doctor chooses not to provide treatment due to the doctor’s own religious beliefs or principles

Note: If you are an existing patient of a physician and you will suffer from adverse health effects without continued treatment, under these circumstances, your doctor is legally required to help you. He or she must provide treatment for you until you can find a new doctor. If your condition declines because your physician refused to provide you with the care you needed, you may have grounds to file a claim for medical malpractice.

How Burg Simpson’s Medical Malpractice Lawyers Can Help

If you believe a hospital or urgent care clinic has wrongfully denied your treatment and you have suffered due to the lack of care, you have the right to seek compensation by filing a medical malpractice claim. Burg Simpson’s medical malpractice lawyers can help you by evaluating the details of your case and conducting an investigation to determine whether or not you have grounds to file a lawsuit. Our lawyers will work with you to determine why you were wrongfully denied treatment and how the lack of care has adversely affected your health. We will advocate on your behalf, negotiate for you, and if necessary, take your case to trial. Our team will manage every aspect of your claim and aggressively pursue the compensation you deserve.

Burg Simpson’s Medical Malpractice Department
Burg Simpson’s Medical Malpractice department is capably led by shareholder Scott J. Eldredge. Mr. Eldredge is a skilled trial lawyer who focuses his practice on complex medical malpractice cases. He is the current president of the National Medical Malpractice Trial Lawyers Association. Mr. Eldredge works closely with shareholders Angela E. McGraw and Marc C. Johnson on complex medical malpractice claims. The Burg Simpson Medical Malpractice team has the experience and the resources you need to handle your case.
Schedule a Free Consultation Now
Burg Simpson’s medical malpractice attorneys are here to help you. Contact a Colorado medical malpractice attorney at Burg Simpson by calling 303-790-2525 or filling our FREE Case Evaluation Form.

About Burg Simpson Eldredge Hersh & Jardine
One of America’s foremost plaintiff trial firms, Burg Simpson Eldredge Hersh & Jardine, has a reputation for fighting relentlessly and successfully for victims of negligence, malfeasance, malpractice, and abuse. Burg Simpson has secured more than $1 billion in verdicts, settlements, and judgments in practice areas spanning catastrophic personal injury, mass tort and class actions regarding gas explosions, dangerous pharmaceutical drugs and devices, medical malpractice, complex commercial and business litigation, construction defects, and workers’ compensation. The firm’s success has also included more than 200 recoveries in excess of $1 million.
Burg Simpson was founded in 1976 by distinguished American trial lawyer Michael Burg. Burg Simpson Eldredge Hersh & Jardine now has more than 70 lawyers and over 90 legal professionals. The firm is based in Colorado and has offices in Arizona, Florida, Nevada, New Mexico, Ohio, and Wyoming.

Contact Burg Simpson now by calling 303-790-2525 or filling our FREE Case Evaluation Form.

Free case evaluation form