Can You Sue a Hospital for Refusing Treatment?

When someone walks into a hospital, it’s usually because they’re in distress, pain, or experiencing a medical emergency. The last thing they expect is to be turned away. 

But what happens if a hospital refuses to provide treatment? Is it legal? And more importantly, can you sue a hospital for refusing treatment?

The short answer is: sometimes, yes.

Whether a hospital can be held legally responsible for denying care depends on the situation, the laws in your state, the type of hospital, and whether the refusal resulted in harm. 

At Morgan & Morgan, we take these treatment refusals seriously and stand by victims of medical malpractice. If you or a loved one suffered after being denied the treatment you needed and deserved, contact us today for a free case evaluation to learn more about your legal options and how you may be compensated.

When Is a Hospital Required to Provide Treatment?

Under federal law, particularly the Emergency Medical Treatment and Labor Act (EMTALA), most hospitals are required to provide medical care to any patient who arrives at the emergency department, regardless of their ability to pay.

EMTALA requires hospitals to:

• Provide a medical screening to determine if an emergency condition exists.
• Stabilize the patient if an emergency condition is found.
• Transfer the patient to another facility only if they can’t provide adequate care, and only if the transfer meets strict safety requirements.
   

This law applies to all hospitals that accept Medicare funding, which includes most hospitals in the U.S.

Failing to follow EMTALA can result in hefty fines for the hospital and possible lawsuits if the refusal causes injury or death.

When Is Refusing Treatment Illegal?

Hospitals can be held legally responsible for refusing treatment if:

• The patient was experiencing a medical emergency
• The hospital is covered under EMTALA
• The refusal caused further harm or death
• Discrimination played a role in the decision
  
   

Let’s take a closer look at each scenario.

Refusal During a Medical Emergency

If you were experiencing a medical emergency, such as a heart attack, stroke, labor complications, or severe trauma, and the hospital refused to screen or stabilize you, they may have violated federal law. This is one of the clearest grounds for legal action.

Discriminatory Refusal

It is illegal for hospitals to refuse treatment based on:

• Race or ethnicity
• Gender identity or sexual orientation
• Disability status
• Religious beliefs
• Pregnancy
• Immigration status

Discrimination in healthcare violates Title VI of the Civil Rights Act, the Americans with Disabilities Act (ADA), and other state and federal protections. If discrimination played any role in the hospital’s refusal, you may have a strong legal claim.

Refusal Based on Inability to Pay

Hospitals cannot refuse emergency treatment solely because a patient is uninsured or cannot pay. That said, non-emergency care may be denied for financial reasons. For example, a hospital is not legally required to provide elective surgery if you don’t have coverage or a way to pay.

However, if the refusal to treat non-emergency conditions leads to complications or worsens the patient’s state, and it was foreseeable, some courts have found hospitals liable for negligence.

When Is Refusing Treatment Legal?

In certain cases, a hospital may be legally allowed to refuse treatment. Examples include:

Non-Emergency Situations

Hospitals can decline to treat patients in non-emergency situations, especially if:

• The hospital doesn’t have the resources or specialists needed
• The patient refuses to follow medical advice or hospital policy
• The treatment sought is experimental or not medically necessary
• The patient is disruptive or poses a safety risk
  
   

Outpatient or Private Facilities

Some private hospitals or clinics may limit the scope of their care to specific services or populations. For instance, a private orthopedic clinic may legally refuse to treat someone with a cardiac emergency.

Medical Ethics and Conscience Clauses

In some states, medical professionals may refuse to provide certain types of care (like abortion services) based on religious or ethical objections, as long as the patient is not in immediate danger. However, this area is legally complex and often controversial.

Can You Sue a Hospital for Refusing Treatment?

Yes, you can sue a hospital for refusing medical treatment if the following are true:

1. You were denied emergency care
2. You suffered harm as a result
3. The hospital had a legal duty to treat you
    

In legal terms, you may have a claim under:

• Medical malpractice
• Negligence
• Violation of EMTALA
• Discrimination laws
   

Let’s look at each.

Medical Malpractice

If a hospital refused to treat you and that decision directly led to harm, you may have grounds for a malpractice lawsuit. For instance, if someone is sent home from the ER without a proper evaluation and later dies from an undiagnosed condition, the hospital may be liable.

To succeed in a malpractice claim, your legal team must prove:

• A duty of care existed (such as under EMTALA)
• That duty was breached by refusing or delaying treatment
• The breach caused harm, like worsening of a condition, disability, or death
• You suffered damages, such as medical bills, lost wages, or emotional trauma
  
   

Negligence

Outside of medical malpractice, general negligence may apply if a hospital employee or administrator made an unreasonable or careless decision in refusing care.

For example, if administrative policies caused a patient to be turned away before being screened despite clear symptoms of an emergency, this could be considered negligent behavior.

Violation of Federal Law (EMTALA)

Hospitals that violate EMTALA can be sued directly under federal law. The law allows patients (or their surviving family members) to bring a private cause of action if:

• The hospital failed to perform an appropriate medical screening
• The hospital failed to stabilize an emergency medical condition
• The hospital improperly transferred the patient

You don’t need to prove malpractice to win an EMTALA case, you only need to show that the hospital failed to meet the legal standard and that you suffered harm.

Discrimination Lawsuits

If you were denied treatment based on your race, disability, gender, sexual orientation, or other protected status, you may be able to sue under civil rights laws. Discrimination cases are often filed alongside or separately from medical malpractice claims.

What Should You Do if a Hospital Refuses to Treat You?

If you or a loved one were denied care and suffered harm, take the following steps immediately:

1. Document Everything

Write down the date, time, and location, and record the names of the hospital staff involved. Save all medical records and discharge papers, and also note any symptoms and when they began.

 

2. Seek Immediate Medical Attention

Go to another facility if you can. Your health is the top priority. Make sure you explain what happened so the new provider can fully assess the risk of the delay.

3. Contact Morgan & Morgan

Contact a personal injury attorney or medical malpractice lawyer right away. These cases can be complex, and time is critical. There are statutes of limitations that may limit how long you have to file a claim.

What Compensation Could You Recover?

If your lawsuit is successful, you may be entitled to damages such as:

• Medical expenses related to the delay or harm
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium (for family members)
• Wrongful death damages, in fatal cases

Every case is unique, and the value of your claim depends on the facts, the extent of your injuries, and legal grounds.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we fight For the People, not the powerful. If you were wrongfully denied medical treatment by a hospital and suffered as a result, we’re here to help you hold them accountable.

We have decades of experience in medical malpractice and hospital negligence, EMTALA violations, and wrongful death and catastrophic injury claims.

We have recovered billions of dollars for clients and have the resources to take on even the largest hospital systems and insurance companies.

If you believe a hospital wrongfully refused to treat you or a loved one, don’t wait. Time is of the essence in medical-related cases. Evidence can disappear, and legal deadlines can pass quickly. 

Contact Morgan & Morgan today for a free, no-obligation case evaluation. Our attorneys will listen, evaluate your claim, and help you understand your legal options.