Your Rights in an Emergency Room
When a medical emergency strikes, the last thing you should worry about is whether you’ll receive care. Thanks to the Emergency Medical Treatment and Labor Act, hospitals across the U.S. must provide emergency care—regardless of your ability to pay. Here’s what you need to know:
- You have the right to a medical screening. Every patient is entitled to an appropriate medical exam to determine if an emergency medical condition exists—even if you don’t have insurance or lack the means to pay for treatment.
- You have the right to treatment and stabilization. If you have an emergency medical condition, the hospital must provide treatment to stabilize you before discharge or transfer. "Stabilized" means your condition is unlikely to worsen without further care.
- You have the right to a safe transfer. If the hospital cannot provide the necessary treatment, they must arrange a medically appropriate transfer to another facility that can.
You also may not be denied treatment because of your race, color, national origin, gender, religion, disability or age. An emergency room is required to provide screening, treatment and safe medical transfers if needed even if you aren’t a U.S. citizen.
If you believe your rights have been violated, you can file a complaint with the Centers for Medicare & Medicaid Services or the state health department. You may also file a civil rights complaint with the Department of Health and Human Services. Advocating for your rights ensures that everyone receives the emergency care they deserve.
However, if you feel you were misdiagnosed in an Emergency Room, or a victim of malpractice, it may help to reach out to a Philadelphia law firm known for its success in emergency room injury lawsuits. In the last few years, almost every teaching hospital in the city of Philadelphia has paid 8-figure verdicts and settlements to clients of Tom Duffy, and he obtained the highest medical malpractice verdict last year in the City of Philadelphia. Contact us to set a time to speak today.