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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.