Norwich, NY asked in Health Care Law for New York

Q: Can a emergency room denied you to be transferred to a different hospital

I was just release the hospital do not have all the equipment to test and see what is going on I ended up back into the er and ask to transfer me to a different hospital base on that factor. The er doctor agree there something more wrong with me. And that they did not have to equipment to help me. But will only give me the option to go home , a nursing home or a rehab

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2 Lawyer Answers
George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: The Emergency Medical Treatment and Labor Act, commonly known as EMTALA requires anyone coming to an emergency room to be treated regardless of ability to pay. EMTALA requires the hospital to treat and stabilize you. If the patient has been stabilized the hospital is permitted to discharge the patient. Try a larger regional hospital that has more resources.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: As a general rule, a person can go to a hospital of their choosing. However, many hospitals use standard operating procedures or other protocols in patient discharges, which often includes the choices you mention. A patient will be given a list and usually asked to choose about three facilities, which will then coordinate with the hospital. Insurance guidelines and limitations could also enter the picture when reimbursement is a consideration. One option is to discuss the matter with your insurance carrier to see if something could be coordinated between your PHP and a different hospital. Good luck

Tim Akpinar

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