When you or your loved one are injured and in need of medical treatment in Alexandria, VA, you count on doctors, nurses, and other healthcare professionals to provide timely and effective care. So what can you do if a doctor or provider refuses to help you?
Your best course of action is to consult with a Alexandria medical malpractice attorney as soon as possible, as you may have a medical malpractice claim and therefore be entitled to compensation for your pain and suffering.
Regan Zambri Long has been practicing medical malpractice law in Alexandria, VA, for decades and is ready to take on your claim. Our personal injury attorneys will pursue justice on your behalf so that you receive both the treatment and the compensation you are owed.
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Medical care can be expensive, which is one of the leading reasons a doctor may refuse to treat a patient. If the medical professional questions the patient’s ability to pay, some may refuse to help. The legality of this refusal depends on several factors, including whether a relationship exists, where treatment is being sought, and what kind of treatment is required.
If you have been refused medical services, you will want to consult an experienced medical malpractice lawyer as soon as possible to determine whether the doctor’s actions are considered medical malpractice or medical negligence.
Regan Zambri Long’s Alexandria personal injury lawyers will review your case and help determine if any of the following factors warrant a medical malpractice claim.
In most circumstances, when a doctor-patient relationship exists, the healthcare provider cannot refuse to provide treatment without prior notice. If a doctor wants to end the relationship, he or she must notify the patient and provide emergency coverage while the patient finds another medical provider.
Sometimes, healthcare providers are not allowed to drop patients or refuse care when the required care is unavailable.
In Alexandria, as throughout the United States, public hospitals or healthcare facilities that receive government funding are required to provide emergency medical treatment regardless of a patient’s ability to pay or lack of medical insurance.
Seek treatment at a private facility, a hospital that does not provide emergency treatment, or a facility that does not receive government funding. They may have more leeway in refusing treatment.
The Emergency Medical Treatment and Active Labor Act (EMTALA) of 1986 requires public and private hospitals that receive Medicare funding to provide emergency care to any patient who needs it, regardless of their financial situation. It also requires these facilities to treat the patient until they are stable.
If you are seeking emergency care from a public hospital and they refuse to help you, you likely have a medical malpractice case.
Depending on your situation, refusal to treat can be a medical malpractice case or a medical negligence case. If your condition worsens or becomes a chronic issue, the healthcare provider and/or facility may be liable for your pain and suffering.
If you aren’t sure about your case, consulting with an experienced medical malpractice attorney is the first place to begin. At Regan Zambri Long, our legal team will meet with you for a free consultation to review your situation and medical records to determine if you have reasonable grounds for a lawsuit.
When it is determined to be medical malpractice or negligence, you can sue your doctor or other medical expert for refusing to help you. The Centers for Disease Control and Prevention estimate 139.8 million people visit emergency rooms annually in the United States. While limited situations exist for refusing care, an emergency room visit or continued treatment plan cannot be refused arbitrarily or because of financial concerns.
A medical malpractice lawyer will help you prove negligence, beginning with establishing a doctor-patient relationship and duty of care and then showing that the doctor breached the duty of care, resulting in further injury to the patient.
The cost of a medical malpractice lawsuit in Alexandria can depend on the legal counsel you hire. Regan Zambri Long chooses to work on a contingency fee basis, meaning we don’t collect any payment until we recover in your favor. This allows victims to seek compensation without worrying if they can afford it.
Other lawyers may charge a flat fee or an hourly rate, limiting the legal counsel you receive and/or making it more expensive.
If you are refused medical care in Alexandria, you should request a written refusal that includes the reason for denying care. You should then take that documentation to a law firm and consult with experienced medical malpractice lawyers to determine whether any grounds for refusal exist.
Your lawyer will build your malpractice case with expert testimony to show that the doctor’s failure to treat violates the reasonable care you would expect from another reasonable doctor under the same circumstances.
You will want to keep track of any losses you experience during this time, including any money spent on medical bills, lost wages, and other economic damages. Your lawyer will use these to calculate fair compensation for your claim.
Refusal to treat and failure to treat in a timely manner are two separate medical issues. If a doctor refuses to treat you, you never receive treatment from that doctor. Failure to treat in a timely manner means you are waiting for treatment longer than your injury should wait.
For example, a heart attack patient in an emergency room rightfully receives treatment before a patient with a severe sprain. Though emergency room personnel are trained to triage patients, sometimes mistakes are made. Failure to treat in a timely manner could be the result of mistaking your symptoms for a less severe injury or of pure failure to prioritize your serious injury.
Some medical malpractice lawsuits, such as medical errors, surgical errors, or delayed diagnoses, are apparent. However, it may be unclear what to do if a healthcare provider refuses to treat you after an error.
While you may want to seek care elsewhere because of a doctor’s negligence, in most cases, the doctor will not have grounds to refuse to help you after a mistake. If you are already pursuing a malpractice case for the error, you should inform your lawyer of any refusal to treat.
You have a right to emergency medical care regardless of your situation. If you have been denied care and are wondering, “Can I sue my doctor for not helping me?” you should contact Regan Zambri Long’s Alexandria medical malpractice lawyers for a free consultation.
We will review your case and determine if any extenuating circumstances allow for the denial, and then we will work with experts to recover the justice you deserve.
It can be overwhelming to sue a doctor, but you deserve compensation when failure to treat leads to more pain and suffering.
Virginia’s statute of limitations for malpractice cases is two years from the date of the incident. Regan Zambri Long will collect all the evidence related to your case and handle any procedural hurdles that arise. We will ensure that the medical professionals liable are held responsible.
A medical malpractice suit is proved by showing negligence. This means you and your legal team must prove the following:
If you seek emergency care, the doctor-patient relationship can be established through intake paperwork that shows informed consent. Additionally, emergency rooms cannot deny patients care except for specific cases.
Medical malpractice claims can take time and effort to settle, but your medical malpractice lawyer from Regan Zambri Long won’t rest until they’ve recovered in your favor.
When a healthcare professional commits medical negligence, it is always unintentional. These can still be life-altering mistakes. Medical malpractice covers intentionally harmful actions but is most often unintentional. This can make it challenging to differentiate from medical negligence.
One significant difference between the two is the duty of care. A doctor you are established with has a particular legal duty of care regarding your treatment. An emergency room doctor must still treat you to the best of his or her ability, but the duty of care is legally different.
Your medical malpractice lawyer will determine whether your case is negligence or malpractice. However, you are still entitled to compensation either way.
When you sue a doctor for refusing to treat you, you are holding them liable for the injuries you suffered because of the refusal. You will want an experienced medical malpractice lawyer as your ally to do this.
Your lawsuit will require the doctor or insurance company to compensate you financially for your economic and noneconomic damages. Sometimes, your lawsuit will come against the hospital instead of a specific doctor. Your lawyer will review your case and bring the suit against the appropriate party.
If you believe you’re a victim of medical malpractice in Alexandria, VA, get the help you need. Contact the Alexandria medical malpractice lawyers at Regan Zambri Long for a free consultation.