When you go to an emergency room, you expect medical care. Yet, some patients face shocking delays or refusals simply because they lack health insurance. Turning away a patient in need can lead to permanent disability or tragic loss of life.
If a healthcare facility turned you away or failed to provide timely care, discussing your experience with an Atlanta medical malpractice attorney at Chance, Forlines, Carter & King, PC can help you understand your legal options.
What Is a Failure to Treat?
In a hospital setting, a failure to treat occurs when healthcare workers fail or refuse to deliver appropriate medical attention. Common examples include:
- Refusing to conduct an initial evaluation or take vital signs.
- Turning away uninsured patients facing severe health issues.
- Delaying urgent care for acute symptoms.
- Failing to order necessary diagnostic tests or refer to a specialist.
- Departing from accepted professional standards of care.
Your Rights Under EMTALA (The Federal Emergency Care Law)
Lack of insurance does not strip you of legal protections. Under the Emergency Medical Treatment and Active Labor Act (EMTALA), any hospital with an emergency room that accepts Medicare must provide care regardless of insurance status, citizenship, or ability to pay.
EMTALA requires hospitals to:
- Provide a Medical Screening Exam: Qualified staff must screen anyone within 250 yards of the hospital campus to determine if an Emergency Medical Condition exists.
- Stabilize Patients: If an emergency exists (severe acute symptoms, risk of organ failure, or active labor), the hospital must treat and stabilize the patient before discharge or transfer.
- Prevent “Patient Dumping”: Hospitals cannot discharge or transfer an unstable patient simply because they lack insurance.
- Enforce Safe Transfers: If a hospital lacks specialized personnel or equipment, it can only transfer an unstable patient if the receiving hospital agrees, qualified transport is used, and a doctor certifies that the benefits outweigh the risks.
Note: EMTALA does not apply to routine checkups, urgent care clinics, or private doctors’ offices. It also does not eliminate medical bills—patients remain responsible for costs incurred after stabilization.
Pursuing Legal Remedies in Georgia
When an emergency room refuses or delays care, injured patients or surviving families can file a medical malpractice lawsuit.
Under Georgia law:
- Emergency Care Standard (O.C.G.A. § 51-1-29.5): Claims arising from emergency department care face a specific legal standard requiring proof of gross negligence.
- Statute of Limitations (O.C.G.A. § 9-3-71): Medical negligence claims must generally be filed within two years of the date of injury or death.
- Expert Affidavit (O.C.G.A. § 9-11-9.1): A supporting affidavit from a qualified medical expert is required at the time of filing.
Seeking Justice with Chance, Forlines, Carter & King, PC
Since 1997, Chance, Forlines, Carter & King, PC has championed the rights of injured patients and grieving families across Georgia. Our trial team focuses heavily on complex medical malpractice litigation—including hospital negligence, failure to diagnose, and catastrophic birth injuries—recovering over $600 million in verdicts and settlements.
If a Georgia hospital refused emergency care, delayed treatment, or improperly discharged you due to a lack of insurance, reach out to our legal team today.
- Free Consultations: Available 24/7.
- No Upfront Fees: We work on a contingency basis, meaning you pay nothing unless we recover compensation for you.
Contact our Atlanta office directly at (404) 760-7400 to speak with an experienced advocate today.