Patient Dumping

    NEW YORK, NY, August 15, 2012 /24-7PressRelease/ -- In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA) to clamp down on hospitals that were dumping patients that could not pay for care. This was done in response to a rash of reports that hospitals were denying uninsured patients treatment provided to those patients who had insurance. Some were refused care while others were transferred to other facilities.

Every hospital that provides Medicare must follow EMTALA guidelines, meaning they have a duty to give all patients seeking emergency care a medical screening and any treatment needed to stabilize them. Even if the patient does not have Medicare, the hospital must act in accordance with EMTALA and give them the treatment they deserve.

Examples of Patient Dumping

There was a recent expose on one of the major news programs showing how hospitals were physically dumping indigent patients on skid row. Here, these patients have no shelter, no medicine, and no medical care. If a follow-up was needed, it was probably not feasible to get one. Other patients have been removed to facilities before their family members have been notified. Getting lost in the system is a problem some patients face. Spending days or even weeks in a mental facility, even if there is nothing wrong with the person, is not unheard of.

Your Legal Rights

Every person has the right to adequate medical care in this country. While you may be asked for insurance, if you do not have it, you should not be turned away or treated less than those who can pay, nor shunted to the back of the line.

When you or a family member has been the victim of patient dumping, you have the right to hire an attorney. In cases where an infection or illness has gotten worse due to patient dumping, you may be able to file a medical malpractice claim. Indeed, all kinds of patient dumping qualify for medical malpractice, as it can be defined as negligent behavior by medical professionals.

Whatever the reasons the hospital may give for dumping a patient, they have no recourse. An experienced medical malpractice attorney will fight for your rights and get you the justice and compensation you deserve.

If you are in the New York metropolitan area and have been the victim of patient dumping, please visit the website of the Law Offices of Marc S. Albert today at www.nycmedicalmalpracticelaw.com.

# # #