The Villages, FL asked in Personal Injury and Medical Malpractice for Florida

Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated. For example, if they said, "Sorry, we're filled up inside, so we need to wait a bit before we can take in the next patient", you would have the choice of voluntarily waiting, heading somewhere else, or calling 911. If, on the other hand, they observe a life-threatening condition that requires IMMEDIATE treatment, their duty of care under negligence concepts would kick in, and not taking the patient immediately might be considered medical malpractice, as well as a violation of some regulations. In any event, if I were you, I'd contact the Florida Dept. of Health about your situation. See

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