GOLDEN, CO, March 22, 2012 (Press-News.org) Patient dumping occurs when a medically unstable patient is discharged due to financial reasons. Not only is patient dumping illegal, it is a form of medical negligence that can result in significant compensation for its victims.
In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA) requiring that every patient, regardless of their financial state, be provided with emergency care. EMTALA further states that no patient can be discharged until they have received full treatment within the scope of a hospital's abilities. Violations of EMTALA can cost a hospital millions of dollars.
Sadly, the cost to hospitals fails to address the needs of the patient and does not provide compensation for additional injuries or damages incurred due to this gross from of medical malpractice.
What You Can Do
If you or a loved one has been a victim of patient dumping, you have a right to seek compensation with a medical malpractice lawsuit. For a hospital to be held in violation of EMTALA, a report must be made to the Health Care Financing Administration (HCFA) within 72 hours of the incident. Even when the HCFA is not notified, you maintain a right to hold the hospital accountable in a civil suit, seeking compensation for any damages caused by the hospital's negligence.
To prove patient dumping you will need an experienced medical malpractice attorney. Your attorney will be able to conduct a thorough investigation into your condition and help determine if medical negligence resulted in additional injuries such as a delayed diagnosis or problems that can no longer easily be treated.
With this information, your medical malpractice attorney will be able to seek compensation for things including:
- Current and future medical expenses
- Current and future lost wages
- Lifestyle adjustments required by your injuries
- Physical pain
- Emotional duress
In tragic instances where patient dumping results in a loss of life, surviving family members can hold the hospital accountable for medical malpractice resulting in death and seek monetary compensation for their terrible loss.
Hospitals have a legal and moral obligation to provide prompt and effective service to everyone who comes through their doors. When they fail to do so, either through patient dumping or another form of negligence, they need to be held accountable. An aggressive medical malpractice attorney will be able to evaluate your case, prove liability, and fight to get you every penny you are due.
If you or a loved one has been a victim of patient dumping in or around Orlando, Florida, please visit the website of the Orlando medical malpractice attorneys at Colling, Gilbert, Wright &Carter for more information on your rights.
Patient Dumping
Patient dumping occurs when a medically unstable patient is discharged due to financial reasons. Not only is patient dumping illegal, it is a form of medical negligence that can result in significant compensation for its victims.
2012-03-22
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[Press-News.org] Patient DumpingPatient dumping occurs when a medically unstable patient is discharged due to financial reasons. Not only is patient dumping illegal, it is a form of medical negligence that can result in significant compensation for its victims.