Q: How do I get in?

A: I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether through New York State of Health, Medicare, Medicaid, or other, based on age, household size, financial status, etc. I hope you are able to arrange coverage. Good luck

A: Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated - that would be the tail wagging the proverbial dog. Instead, once you have coverage, make an appointment with a specialist who can perhaps better diagnose your condition and render appropriate treatment.

A: I'm sorry to hear about the difficulties you're experiencing in accessing the medical care you need. Dealing with a serious health condition like a symptomatic pseudomeningocele can be incredibly stressful. I hope the following information helps clarify your options.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York law.

Can You Legally Compel the Hospital to Admit You?

Under federal and New York laws, hospitals are required to provide emergency medical care regardless of a patient's ability to pay. The Emergency Medical Treatment and Labor Act (EMTALA) mandates that hospitals with emergency departments:

1. Perform a Medical Screening Examination (MSE): Determine if an emergency medical condition exists.

2. Stabilize the Patient: Provide necessary treatment to stabilize the condition or transfer the patient appropriately.

However, EMTALA does not obligate hospitals to admit patients if they believe stabilization can occur without admission. If the hospital determines that your condition doesn't require inpatient care, legally compelling them to admit you is challenging.

Do You Have a Medical Malpractice Claim?

In New York, medical malpractice occurs when a healthcare provider deviates from accepted medical standards, resulting in harm. To establish a malpractice claim, you must prove:

• Deviation from Standard of Care: The hospital failed to act according to accepted medical practices.

• Causation: This failure directly caused harm or worsened your condition.

• Damages: You suffered quantifiable harm, such as additional health complications.

If the hospital's refusal to admit or properly treat your condition deviates from standard care and causes harm, you may have grounds for a malpractice lawsuit. This typically requires expert medical testimony.

Alternative Solutions

• Seek a Second Opinion: Visit another hospital or specialist who may provide the necessary treatment.

• Free or Low-Cost Clinics: Some facilities offer services to uninsured patients and might address your medical needs.

• Apply for Emergency Medicaid: In New York, you may qualify for Emergency Medicaid, which covers emergency medical conditions for uninsured individuals.

• Patient Advocacy: Request assistance from a patient advocate or social worker at the hospital to help navigate the system and explore options.

Conclusion

While there's no straightforward legal method to force a hospital to admit you, especially if they deem it unnecessary, exploring a medical malpractice claim might be an option if their refusal constitutes negligence. Additionally, seeking alternative medical providers and utilizing available resources may help you obtain the treatment you need. Consulting with a qualified attorney can provide guidance tailored to your situation.

I hope this information is helpful, and I wish you the best in securing the medical care you require.