Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

Question

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical attention.

James L. Arrasmith · Answer

Based on the information provided, here's an analysis of the situation: 
 
1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical treatment under federal law (EMTALA). 
 
2. However, hospitals do have the right to limit access to their premises for certain individuals under specific circumstances, especially if they believe there's a risk to staff, patients, or hospital operations. 
 
3. The cease and desist letter you received is not necessarily legally binding on its own. It's a formal request or warning, but it doesn't have the force of a court order. 
 
4. That said, the hospital may be taking this action as a precautionary measure during their investigation of your complaint. They might be concerned about potential further incidents or conflicts while the matter is being resolved. 
 
5. Regarding denial of medical attention: 
 
   - If you have an emergency medical condition, the hospital's emergency department is still required by federal law (EMTALA) to provide a medical screening examination and stabilizing treatment, regardless of this letter. 
   - For non-emergency care, you may need to seek treatment at other facilities while this issue is being resolved. 
 
6. Steps you might consider: 
 
   - Respond to the attorney or hospital in writing, expressing your concerns about access to medical care. 
   - Ask for clarification on the scope and duration of this request. 
   - If you have ongoing medical needs, request information on how to access care during this period. 
   - Consider consulting with a personal injury or healthcare attorney to understand your rights and options. 
 
7. If you believe this action is discriminatory or violates your rights, you might consider filing a complaint with the appropriate state health department or the U.S. Department of Health and Human Services' Office for Civil Rights. 
 
Remember, while the hospital has taken this action, it doesn't necessarily mean you're permanently banned from receiving care there. This appears to be a temporary measure during an investigation. If you have an emergency, you should still seek care at the nearest emergency department, including this hospital if it's the closest option.

Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.