When someone walks into an emergency room, they expect help, not hesitation. However, in too many cases, patients needing immediate care are turned away, delayed, or transferred without being properly stabilized. These aren’t just mistakes—they could be violations of federal law.
An EMTALA violation is the result of a hospital refusal to treat an emergency. If this happened to you or a loved one, you might be able to sue a hospital for an EMTALA violation.
This blog will explain EMTALA violations and how to report them. Poulos & Coates is here to help. With a team that includes experienced trial attorneys, an in-house doctor, and seasoned nurses, we focus exclusively on medical malpractice and hospital negligence in New Mexico. We’re ready to stand with you. Contact us online or call us at 575-523-4444 to get started.
What Is the EMTALA?
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute requiring hospitals that participate in Medicare to treat people who come into their emergency rooms, even if they do not have insurance or cannot pay for treatment.
In 1986 and 1987, research at Cook County Hospital in Chicago indicated that many transfers into the hospital were due to lack of insurance. The research determined that transferring patients for financial reasons delayed care and jeopardized the patient’s health.
The EMTALA was created to prevent the practice of private hospitals refusing to treat an emergency and transferring uninsured or low-income patients to public hospitals without considering their condition or stability.
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What Is an EMTALA Violation?
An EMTALA violation occurs when a hospital or physician fails to comply with the Emergency Medical Treatment and Active Labor Act.
The EMTALA lays out three distinct requirements for hospitals that participate in Medicare.
Medical Screening Examination
First, the hospital must provide a medical screening examination (MSE) on anyone who comes to the hospital and requests care to determine if an emergency medical condition (EMC) exists.
An EMC is defined as a condition that, without medical attention, can reasonably result in the following:
- Serious jeopardy to the patient’s health,
- Serious impairment to bodily functions, or
- Serious dysfunction of bodily organs.
If no MSE is provided or it’s done superficially and fails to identify a serious condition, the hospital may violate EMTALA.
Stabilize the Patient
Second, if the medical screening reveals an emergency medical condition, the hospital is legally required to provide treatment that stabilizes the patient’s condition.
Stabilizing means the patient must be treated until:
- Their condition no longer poses an immediate threat,
- Their vital signs are stable, and
- The condition is unlikely to deteriorate during or after transfer.
Failing to treat a patient appropriately can have devastating consequences. If a patient’s condition worsens because the hospital did not provide proper stabilizing care, this may be an EMTALA violation.
Transfers
If a hospital lacks the necessary resources to treat the emergency condition, it must arrange an appropriate transfer to another facility. This transfer must be:
- Medically justified,
- Preceded by stabilizing treatment, and
- Accepted by the receiving facility with available capacity.
The hospital must also ensure that the patient is transferred using appropriate medical transportation with qualified personnel. Likewise, hospitals with the required capabilities cannot refuse to accept an EMTALA patient transfer if they have the capacity to treat them.
Additionally, the EMTALA prohibits hospitals from attempting to delay treatment to determine a patient’s insurance status or ability to pay.
If a hospital violates the EMTALA, they are strictly liable for any losses you suffer because of their violations.
Unlike an EMTALA violation, a negligence claim requires proof of negligence to recover. The EMTALA violation penalties can range from civil liability to a hospital losing its Medicare funding.
Call us about your case so one of our medical malpractice attorneys at Poulos & Coates can get to work. Call now at 575-523-4444
How to Report an EMTALA Violation
If you believe you or a loved one was improperly denied emergency care, you can file a complaint. Reporting a suspected EMTALA violation is critical to holding hospitals accountable and protecting future patients. Here’s how to do it:
- File your complaint. Anyone can report a suspected EMTALA violation to the Centers for Medicare and Medicaid Services. You don’t need to disclose your identity. Complaints can be filed anonymously and remain confidential throughout the process.
- Include key information. Provide the name of the hospital, date and time of the incident, a detailed account of what occurred, and any documentation or witness names (if available).
- Submit your complaint. You can file your report online with CMS or by phone with New Mexico’s State Survey Agency.
- Wait for the investigation. Once the complaint is submitted, the appropriate agency will start investigating your complaint to determine whether the hospital violated federal law.
While patients have no strict deadline for reporting suspected EMTALA violation, hospitals must also notify CMS or the state survey agency within 72 hours if they suspect that an individual was improperly transferred to their facility. Patients can file complaints at any time, ideally as soon as possible after the incident.
If you need help filing your EMTALA complaint, the attorneys at Poulos & Coates are here to guide you through every step.
What Are Examples of an EMTALA Violation?
EMTALA violations are not always apparent at first glance. Some hospitals may try to disguise non-compliance under routine procedures or policies. However, if a hospital fails to screen, stabilize, or appropriately transfer a patient with an emergency medical condition, they may be in violation.
Here are some real-world examples of conduct that could constitute an EMTALA violation:
- Turning away an uninsured patient in the emergency room,
- Performing an inadequate medical screening,
- Discharging a patient prematurely before stabilization,
- Transferring without medical justification, and
- Refusing to accept a transfer when capable.
If you recognize any of these situations—especially if you or a loved one were harmed—you may have grounds to sue a hospital for an EMTALA violation. The experienced medical malpractice attorneys at Poulos & Coates can help you understand your legal options and pursue the justice you deserve.
Contact a Lawyer at Poulos & Coates Today to Discuss If You Can Bring an EMTALA Violation Lawsuit
Many patients know about medical malpractice claims in civil court. However, not everyone knows about EMTALA violations that can warrant civil claims against hospitals and other emergency medical services.
Our medical malpractice attorneys at Poulos & Coates, LLP are committed to victims of hospital EMTALA violations. We have recovered over $500 million for injured patients and their families across New Mexico. We are confident in our ability to aggressively represent and protect emergency room patient rights.
Contact a medical malpractice attorney at Poulos & Coates today to discuss whether you can bring an EMTALA violation lawsuit. You can also call us at 575-523-4444.
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Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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