QUESTION
Am I entitled to compensation for loss of wages and pain and suffering if an Emergency Room refused to help me?
Asked on Jul 08th, 2012 on Personal Injury - North Carolina
More details to this question:
After a nail gun accident I could not schedule an appointment consult with a surgeon quickly. So I phoned a Hospital ER and they stated they would remove the nail. I went to said ER and they refused to operate on me.
17 ANSWERS
Personal Injury Attorney serving Charleston, IL
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SPJ Law- Smith, Pappas & Jones, Ltd.
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Why did they refuse?
Answered on Jun 28th, 2013 at 11:06 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Did you receive any injury as a result of the refusal to treat?
Answered on Jun 28th, 2013 at 9:56 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 1:14 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on May 29th, 2013 at 1:09 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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As almost always in the law, the answer to your question depends on the details of your case. If you were injured in a work-place incident, most likely, you can get workers compensation which will cover about 2/3 of your lost wages, and not much else. There might, however, be a claim against the hospital: if the refusal to treat you was wrong and resulted in an increase of the loss of wages and in additional pain and suffering. Don't wait too long before consulting an attorney: if the hospital is municipal, you have a very short time to file a notice of claim, otherwise, you will lose the ability to sue the hospital.
Answered on Aug 08th, 2012 at 2:21 PM
Dennis P. Mikko
You should consult an attorney specializing in medicla malpractice. An emergency room is there to treat emergencies. They cannot turn away someone who is having a life threatening emergency. In your case, from the facts, it does not sound like it was life threatening.
Answered on Aug 07th, 2012 at 1:33 PM
Criminal Defense Attorney serving Anderson, SC
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Probably not. It depends on why they would not treat you and whether your injury was any worse in the end because they refused treatment.
Answered on Aug 07th, 2012 at 1:29 PM
Why did they refuse to operate on you? Without knowing why they refused you really have no reason to sue anyone, and especially the hospital. Hospitals don't just refuse to operate without a good reason, usually a medical reason. Had you had something to drink? What was the stated reason?
Answered on Aug 07th, 2012 at 12:46 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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Were you on the job for an employer with 3 or more employees? This may be a worker's compensation claim. Was therfe any kind of medical insurance involved? Were you transported by EMT/ ambulance to the E/R? There must be more information before a suggestion on this can be relied upon. Go see a local attorney in your home state.
Answered on Aug 06th, 2012 at 9:03 PM
Ronald A. Steinberg
Most States probably have a rule about what an Emergency facility should do. It is probably worth your while to complain to the State Medical Society, as well as the Medical licensing people. Do it in writing, and save a copy of your letter. Contact with the newspapers and the TV stations would be appropriate. As to whether or not you can sue.
Answered on Aug 03rd, 2012 at 1:02 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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An ER is not a surgery center and a few hours of suffering is not a big enough case for most lawyers to accept the case.
Answered on Aug 03rd, 2012 at 1:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It would depend on why they refused you. I think there is more to this story.
Answered on Aug 03rd, 2012 at 11:15 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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No way and even if you could, why would you want to? They probably did you a huge favor. If they aren't willing to remove the nail, there must have been an underlying medical reason (nerve, tendon, vascular, etc.) that gave them pause. If they had taken it out, things could be much worse for you right now. Good luck.
Answered on Aug 03rd, 2012 at 11:12 AM
davida francis
It is rare that an emergency room would refuse service. That would be in violation of the Emergency Medical Treatment and Active Labor Act.
Answered on Aug 01st, 2012 at 10:45 PM
Copyrights Attorney serving Sacramento, CA
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Doug Rothschild, P.C.
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Probably not. Unless the hospital refuses to treat you in violation of law.
Answered on Aug 01st, 2012 at 8:40 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Hard to believe that an ER would not treat you. You should seek a qualified malpractice attorney to determine the viability of a malpractice claim.
Answered on Aug 01st, 2012 at 8:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There are statutes and regulations governing what an ER should do There is not any information here which tells me enough about your facts to answer your question. If they did not treat you there must have been a reason. What was it? also, I assume you went somewhere else and were taken care of, so what would be the basis for pain and suffering and wage loss? Pain for hours or days until you got someone else to take care of you? Etc.
Answered on Aug 01st, 2012 at 8:28 PM