Hospitals cannot legally refuse to treat you in an emergency. However, if you were declined treatment at an ER after a car accident, you’re not alone. Many people are turned away from the ER due to lack of insurance, hospital policies, or misinterpretation of the law.
According to CBS, it’s estimated that 5%-10% of all ER visits are subject to medical errors. Knowing your rights is the first step to making sure you get the care you deserve.
If you were wrongfully denied ER care and are facing medical bills or legal questions, Injury Law Pros can help. Our team negotiates medical bills to put more money in your pocket and not just in a lawyer’s account. With multilingual support in English, Spanish, Farsi, Urdu, Hindi, and Mamani, we make sure every client gets the help they need.
Key Takeaways
- Hospitals must treat emergency patients under EMTALA, but they can refuse care for non-emergencies or transfer patients if they lack specialists.
- If an ER denies you treatment, demand a written explanation, seek care elsewhere, and report the hospital if they violated the law.
- Uninsured patients can explore options like hospital financial aid, payment plans, or using car insurance to cover medical bills.
- If an illegal ER refusal caused harm, you may have a case for compensation, and Injury Law Pros can help negotiate medical bills and attain your settlement.
Can a Hospital ER Refuse to Treat You After a Car Accident?
Hospitals cannot refuse to treat you if you have a medical emergency from a car accident. Under EMTALA (Emergency Medical Treatment and Labor Act), emergency rooms must provide care to stabilize you, regardless of insurance or ability to pay.
They can refuse treatment if:
- Your condition isn’t an emergency (e.g., minor bruises, mild soreness).
- They don’t have the right specialists and transfer you elsewhere.
- You demand non-emergency care without payment.
If an ER turned you away without evaluating or stabilizing you, they may have broken the law. If you think the hospital violated EMTALA, you can report them or take legal action.
How to Tell If You Were Wrongfully Denied ER Treatment
If an ER turned you away after a car accident, ask yourself:
- Did they refuse to check you at all? Hospitals must perform a medical screening, even if you have no insurance.
- Were you in serious pain or distress? A broken bone, internal injury, or severe dizziness should qualify as an emergency.
- Did they send you away without stabilizing your condition? If you were still in danger, they may have violated EMTALA.
If any of these apply, the hospital may have broken the law and you have legal options.
Can You Sue a Hospital for Refusing to Treat You?
If an ER illegally refused to treat you after a car accident, you may have grounds for a lawsuit.
When Can You File a Lawsuit?
You may have a case if:
- The hospital denied you treatment despite clear emergency symptoms.
- The refusal worsened your condition or caused additional harm.
- You were turned away because of no insurance, violating EMTALA.
- You suffered financial losses due to delayed or denied care.
What Compensation Can You Get?
- Medical Expenses: Costs from delayed or denied treatment.
- Lost Wages: If the refusal caused you to miss work.
- Pain and Suffering: For physical and emotional distress.
- Punitive Damages: If the hospital’s actions were extreme.
How to Start a Legal Claim
- Gather evidence: Medical records, written denial, witness statements.
- File a complaint with CMS (Centers for Medicare and Medicaid Services): EMTALA violations should be reported quickly.
- Consult a personal injury lawyer: Many offer free case reviews.
Hospitals that violate EMTALA can face heavy fines and lawsuits. If you believe you were wrongfully denied care, speaking with a lawyer can help you understand your options.
What to Do If an ER Refuses to Treat You?
If an ER turned you away after a car accident, take the following immediately.
Step 1: Demand a Medical Screening
Hospitals must evaluate you before deciding to refuse treatment. If they refuse to check you at all, insist on a medical screening. If they still deny care, note the hospital name, time, and staff involved.
Step 2: Ask for a Written Explanation
Request a written reason for the refusal and a copy of your medical records if they examined you. This documentation helps if you file a complaint or take legal action.
Step 3: Go to Another Hospital
If you’re still in pain or distress, find another ER, urgent care, or community clinic. Some hospitals provide financial assistance for uninsured patients, make sure to ask about your options.
Step 4: Report the Hospital
If the hospital violated EMTALA, report them to the Centers for Medicare & Medicaid Services (CMS) at 1-800-MEDICARE or cms.gov. They can investigate and fine hospitals that illegally deny care.
Step 5: Talk to a Lawyer
If the refusal worsened your condition or caused financial harm, a lawyer can help you sue for damages. Many offer free consultations, so you can see if you have a case without risk.
How a Lawyer Can Help
- Prove hospital negligence: Gather evidence to show EMTALA violations.
- Negotiate medical bill reductions: Some lawyers help lower unpaid bills.
- Recover compensation: Cover medical costs, lost wages, and pain and suffering.
How Much Does It Cost to Hire a Lawyer?
Most personal injury lawyers work on a contingency fee basis, meaning:
- No upfront costs: You only pay if they win your case.
- Fees are a percentage of your settlement: Typically 25–40%.
Frequently Asked Questions (FAQ)
Can an ER refuse to treat me after a car accident if I don’t have insurance?
No, EMTALA requires hospitals to provide emergency care regardless of insurance.
Will my car insurance cover my ER visit?
PIP or MedPay may cover costs, while the at-fault driver’s insurance might reimburse you later.
What if I can’t afford my ER bill?
You can apply for hospital financial aid, negotiate a payment plan, or seek legal help.
Can I sue a hospital for refusing to treat me?
Yes, if the refusal violated EMTALA or caused harm, you may be entitled to compensation.
Denied ER Treatment? Get the Help You Deserve
If a hospital refused to treat you after a car accident, you may be entitled to compensation for medical costs, lost wages, and pain and suffering. At Injury Law Pros, we fight to hold hospitals accountable, negotiate your medical bills down, and maximize your settlement.
Call now to schedule your free consultation.