Can you sue a hospital for turning you away?

Asked by: Cornelius Rohan  |  Last update: May 4, 2025
Score: 4.7/5 (60 votes)

If you believe a hospital or urgent clinic wrongfully denied you treatment, you have the right to seek compensation by filing a medical malpractice claim. A trusted medical malpractice attorney can help you by: Reviewing the details of your situation to determine whether you have grounds for a medical malpractice case.

Is it illegal for a hospital to turn you away?

Even if you owe a hospital for past-due bills, that hospital cannot turn you away from its emergency room. This is your right under a federal law called the Emergency Medical Treatment and Active Labor Act (EMTALA).

Can someone be turned away from a hospital?

Non-emergency Cases without Health Insurance

Hospitals may refuse treatment if the case is deemed non-emergent, and the patient lacks health insurance. EMTALA specifically addresses emergency medical conditions, and non-emergent cases may not fall under its mandate.

Can you sue a hospital for not admitting you?

Although emergency room failure to admit lawsuits are very complex medical malpractice cases, patients do have legal rights to sue the hospital if the doctors and staff failed to recognize important symptoms and follow the standard of care to admit the individual.

Can a hospital turn you away if you can't pay?

Because of EMTALA, you can't be denied a medical screening exam or treatment for an emergency medical condition based on: If you have health insurance or not. If you can pay for treatment.

HOW TO SUE A DOCTOR OR HOSPITAL FOR NEGLIGENCE 👨‍ 🏥

41 related questions found

What happens if you ignore hospital bills?

If you do nothing and don't pay, you could be facing late fees and interest, debt collection, lawsuits, garnishments, and lower credit scores.

Can a hospital make you pay before you leave?

While it isn't illegal for a hospital or doctor's office to ask you to pay in advance what they estimate you will owe, withholding treatment is illegal.

How do I file a lawsuit against a hospital?

Steps for Suing a Hospital in the U.S.
  1. Review Your State's Statute of Limitations. First, you must check whether you have time to file a lawsuit. ...
  2. Examine the Injury. ...
  3. Calculate Damages. ...
  4. Determining Fault. ...
  5. File a Complaint. ...
  6. Hire a Medical Malpractice Lawyer. ...
  7. Gathering Evidence. ...
  8. Negotiating a Settlement.

Can hospitals refuse to treat you?

Hospitals and emergency rooms are generally required to provide emergency treatment to patients, regardless of their ability to pay, their medical condition, or their insurance status under federal law.

Is it expensive to sue a hospital?

Ultimately, when you begin to tally up all the costs of filing a medical malpractice lawsuit, you would be looking at thousands in expenses. You should ask yourself if you can afford these fees or if you would prefer that a legal team handle them.

Can hospitals turn away patients without insurance?

If you have a serious medical problem, hospitals must treat you regardless of whether you have insurance. This includes situations that meet the definition of an emergency. Some situations may not be considered true emergencies, such as: Going to the ER for non-life-threatening care.

Will the ER turn me away?

An emergency room cannot turn a patient away.

Can you legally walk out of a hospital?

If you physician says you are medically ready to leave, the hospital must discharge you. If you decide to leave without your physician's approval, the hospital still must let you go.

Can a hospital keep you without your consent?

For the hospital to keep people against their will without going to court (Forced Hospitalization in emergencies (72 hours)), the danger must be even more serious. It must be grave and immediate. This means the situation is so urgent that waiting for a court order would likely result in very serious harm.

What are the rights of a patient in the hospital?

Summary of LPS Patients' Rights

Treatment should be provided in ways that are least restrictive of the personal liberty of the individual. A right to dignity, privacy, and humane care. A right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse, or neglect.

Can you go to jail for leaving the hospital without being discharged?

It is not illegal to leave, and there is no law requiring you to sign any discharge documents. With that being said, you should prepare a letter explaining why you have decided to leave. Keep a copy of the letter for yourself and give a copy to the hospital administrator.

Can I sue a hospital for refusing to treat me?

If you believe a hospital or urgent clinic wrongfully denied you treatment, you have the right to seek compensation by filing a medical malpractice claim. A trusted medical malpractice attorney can help you by: Reviewing the details of your situation to determine whether you have grounds for a medical malpractice case.

What is patient abandonment?

California defines patient abandonment as terminating the relationship without written notice to the patient. By law, the patient must have enough time to find another physician. If they decline further treatment or consent to the termination, however, they cannot legally claim abandonment.

Can a hospital force you to stay if you can't pay?

In short, you have the right to leave the hospital without paying your bill. Whether you have paid or not has no impact on your right to make a medical decision. Additionally, you may leave without signing the discharge form. The healthcare provider would still consider this as leaving against medical advice.

Is it hard to win a lawsuit against a hospital?

Medical malpractice lawsuits can be difficult to win because of their complexities. Juries must examine and interpret complicated evidence to understand how the healthcare provider deviated from accepted standards, which they are likely unfamiliar with.

Why would a hospital sue you?

Some hospitals sue patients who can't afford to pay their medical bills. Such lawsuits don't tend to bring in much money for the hospital but can really harm patients already experiencing financial hardships.

Can a hospital be sued for emotional distress?

You may be entitled to compensation if your emotional distress resulted in visible harm. For instance, in California, only 56,000 actions against state licensure for medical professionals occurred between 1990 and 2017. In cases where the evidence of medical negligence is weak, defendants win 80% to 90% of the time.

Can a hospital keep you if you want to leave?

You have a right to leave the hospital against the advice of your healthcare providers. Still, you should be aware of the risks of doing so. Hospitals usually decide whether to keep you in care based on valid medical reasons. However, you may decide to leave because of high costs, poor care, or past bad experiences.

What is the No Surprises Act?

The No Surprises Act protects consumers who get coverage through their employer (including a federal, state, or local government), through the Health Insurance Marketplace® or directly through an individual health plan, beginning January 2022, these rules will: Ban surprise billing for emergency services.

Can a hospital ban a patient?

As a patient, especially an emergency patient, it is almost impossible to be banned from a hospital. As a guest, it is entirely possible to be banned, either at the request of a patient, medical staff, or security personnel, it is entirely possible.