Can You Sue a Hospital for Refusing Treatment? What You Need to Know

If you’ve ever been in a situation where your doctor or hospital refused to provide the treatment you need, you may have wondered if there is any legal recourse available. The answer isn’t always clear-cut, but it turns out that patients do have some rights when it comes to seeking medical care. 

Read on to learn more about what you can do when a hospital refuses to treat you. We will discuss the different scenarios in which treatment refusal may occur, as well as what rights you have under the law. And if you need to speak with an experienced law firm regarding your claim, we can help. 

What You Need to Know

One of the protections for patients is called “emergency medical treatment,” which outlines the circumstances under which hospitals are obligated to deliver care. Under this law, hospitals must accept patients who present at the hospital and need immediate medical care. This obligation doesn’t just apply to a specific type of treatment or illness; it covers any kind of emergency medical condition.

In addition to these obligations, patients also have rights when it comes to their personal healthcare information. The federal Health Insurance Portability and Accountability Act (HIPAA) outlines the procedures that hospitals need to follow when it comes to communicating with patients. For example, hospitals are required to obtain a patient’s consent before sharing any information about their condition or treatment.

You may also have legal recourse if you choose to file a medical malpractice lawsuit against your hospital. There are specific guidelines that need to be followed for these lawsuits, so it’s important to understand what you’ll need to prove in your case. For example, if your hospital refuses to treat you for a specific type of injury or illness, you will likely need expert testimony from another doctor who can confirm that the condition could be treated.

If you’ve been refused treatment by a hospital, it’s important to understand your legal rights and options. By understanding the laws that apply in these situations, you can take action to receive the care you need.

When to Call a Lawyer

If you're asking this question, it probably means that things are already very bad. At this point, there's little reason to hold out hope for any kind of immediate resolution. The hospital has shown that it doesn't care about your needs and won't treat you until you pay them money. Before calling an attorney, make sure that you've done everything you can to get the hospital or doctors to do their job. Have you gone above your insurance providers' heads? Did you try approaching an ombudsman? Did you make a call to the Department of Health and Human Services?

If none of these steps have made any progress, then it's time to consider calling an attorney. They can help you understand your legal rights and figure out if there's anything else that can be done.

If you've been denied treatment by a hospital, there's a very good chance that it may have been in error. Medical professionals are required to provide care to patients, regardless of their ability or willingness to pay. When they don't do this, and something bad happens as a result, it may be considered medical malpractice. 

Malicious intent on the part of the hospital can be tough to prove, but you should know that there are certain legal protections in place meant to prevent this type of behavior. You may need to file a lawsuit and get compensated for your losses. In the event that you do sue a hospital for refusing treatment, there are two types of damages you might be entitled to:

Compensatory Damages: These are meant to compensate (or pay back) what was lost as a result of the hospital's actions. These usually include:

1. Medical expenses – This includes costs related to treating injuries, as well as thinking about future medical care that will be needed because of the way treatment was mishandled.

2. Lost wages and/or earning potential – If you had to miss work or were fired, these losses must be accounted for.

3. Limited life care assistance – This is paid to loved ones who had to help you during your injury and recovery.

4. Mental anguish – There are special circumstances in which people can be compensated for the emotional distress they've experienced as a result of medical negligence or mistreatment. The severity of these damages must be carefully analyzed before any large payout is approved

Punitive Damages: Even though compensatory damages are meant to make things right, there's also the possibility of winning further compensation for punitive (or punishment) damages as well. The goal here is to prevent this problem from happening again by holding the hospital responsible for their actions. Punitive damages aren't easy to win, but they can be awarded in cases where it's obvious that the hospital was purposefully negligent or irrational.

It's important to know that punitive damages are very rare, so don't expect a large payout just because you're suing a hospital for refusing treatment. Most medical malpractice cases either get thrown out of court or settle somewhere between $25,000 and $500,000. The best way to make sure that you're getting the most money possible is to have an experienced malpractice attorney on your side.

Contact The Doctor Lawyer Firm Today

If you believe you were refused proper medical treatment and now you're suffering as a result, we can help. Contact our team of personal injury attorneys in Florida today by calling 1-833-MedMals. 

Our mission is to help patients that have been refused medical care by hospitals and doctors throughout the state, as well as represent their family members when their loved one has died due to a lack of treatment.

We will meet with you to discuss your case and work with you get to the bottom of what exactly happened for you to be refused treatment. Even if you feel unsure about the situation, call our law firm today to learn more about your legal rights and how we can help.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.