Under the Emergency Medical Treatment and Active Labor Act, a federal statute, healthcare providers are essentially prohibited from refusing to provide critical care to patients in emergency situations simply because the patient does not have health insurance. While the EMTALA does not supplant state medical malpractice laws, it can provide a cause of action for pursuing claims against healthcare providers. Recently, a Maryland court discussed what a patient seeking damages under the EMTALA must prove to prevail. If you suffered harm due to insufficient care during a medical emergency, it is smart to speak to a Maryland medical malpractice attorney as soon as possible.
The Facts of the Case
It is reported that the plaintiff was bitten by a Cane Corso dog when he was walking around his neighborhood. He returned home, where he proceeded to have a panic attack. He then called an ambulance and was transported to the defendant’s hospital. When he was at the hospital, he was asked if he had health insurance and stated that he did not.
Allegedly, after the conversation, the plaintiff asserts that the hospital staff did not follow critical screening protocols or the standard screening or treatment for dog bites. He was ultimately discharged with medication. He continued to complain of pain and panic attacks as a result of the dog bite. He subsequently filed a lawsuit against the defendant, asserting EMTALA claims. The defendant then moved to dismiss the plaintiff’s lawsuit. Continue Reading ›