When Refusal of Care Results in Injury or Harm

Seeking medical care should help you, not hurt you. If you have been denied medical care and suffered serious illness or disability, you may or may not be in a position to sue your doctor or hospital. Before taking any further steps, seeking a professional and experienced attorney will help your case considerably. When it comes to malpractice cases in Frisco, Texas, three main reasons grant the denial of medical care:

• A patient appears to have a “drug-seeking behavior.” Most nurses and doctors have been trained to identify this behavior, and have a right to refuse anyone who appears to currently use drugs for recreational use.

• A patient is not actually ill. Whether someone identifies as a hypochondriac or truly believes they have a severe illness or disease, medical practitioners are not required to assist those with false conditions.
• A patient is a threat. If a nurse, doctor or other professional does not feel safe in the presence of a patient, they are allowed to withhold treatment. Dangerous or destructive behavior is not tolerated.

If none of the above points apply to you, you have a legal right to be seen in an emergency, no matter your situation. Treatment will occur under the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) so that a patient will not be discharged until their condition is stabilized. Your health should be such that leaving the hospital should not adversely affect your safety or wellness.

When seeking advice as to whether or not your medical denial was legitimate, a professional medical advisor can help you in determining whether or not you were wrongly turned away or suffered from a malpractice suit. Submitting your case to Medicare will help your situation as well, as they will investigate your claim.

Private medical practices have more leniency because private doctors are not governed by EMTALA. They can refuse treatment if their schedule is full, your insurance is not covered, they do not specialize in your illness or condition or you cannot afford the bill. However, if your health is not stable and your private doctor stops treatment, this is considered medical malpractice. The best advice in a private situation is to use an attorney to help.

With experience in even the most difficult medical malpractice cases in Frisco, Texas, the attorneys at Reynolds & Reynolds Law Firm can help you form a strong case for your lawsuit. For more information or a consultation, call (214) 891-6606 or visit https://rrlfirm.com/.

Reynolds & Reynolds Law Firm | Malpractice Cases Frisco Texas | 214-891-6606.