Medical Malpractice: Patient “Dumping”

Patient “dumping” occurs when a hospital that is fully capable of providing the care a patient needs transfers that patient to another facility, or otherwise turns them away because of their inability to pay for services. This practice is prohibited by the Emergency Medical Treatment and Active Labor Act (EMTALA). Hospitals guilty of patient dumping are subject to various financial penalties, including suspension of their Medicare agreements.

As a patient under EMTALA, you have several rights that can’t be violated if a hospital has signed a participation agreement. These rights include:

• A full examination by the hospital, regardless of whether you have insurance or participate in Medicare/Medicaid
• The right to be treated without any delays caused by your financial or insurance status
• If you are in active labor, the right to be treated up to and through delivery, unless a special condition exists that requires a transfer to another hospital

When a hospital or healthcare professional refuses to treat a patient in violation of EMTALA, that patient can hold them accountable for medical malpractice.

If you or a loved one has been the victim of patient dumping at an EMTALA-participating hospital, please contact our experienced Sarasota medical malpractice lawyers today to schedule a free case evaluation.