Legal Question in Medical Malpractice in Alaska
Removed from hospital while terminally ill!
Earlier this year I was diagnosed with an Aortic Anyurism. After being medivaced from Kodiak to Anch. I stayed in the hospital for eleven days, all of which time I was being told by half a dozen Dr.'s. I was a very lucky man to still be alive. On the eleventh day i was ''released''. To be very honest I dont rememberany of it except the pain. What I do remember is that I was sent home on 60-90mg of morphine, 60-90mg of O.C., and a 50ml fentynal patch-per day. I still suffer from severe headaches, reoccuring nightmares, and endless pain. I was never treated, just tests were run. After a month of pain on my couch, my family talked to a surgeon in TX. that performed a 10 1/2 hr. surgery immediatly. That month of my life will never go away. I was diagnosed on June 18, and because the doctors dumped me I was not operated on until Aug. 10. My question is; Once diagnosed with a terminal illness, can a hospital refuse to treat you due to lack of insurance? Are they responsible to see that an individual recieves the treatment they need to live?
1 Answer from Attorneys
Re: Removed from hospital while terminally ill!
Your question is governed by the Emergency Medical Treatment and Active Labor Act (EMTALA) 42 U.S.C. 1395dd. This federal statute requires all emergency departments in hospitals to provide "appropriate screening" of patients with an "emergency medical condition." It allows the hospital to transfer the patient only when "stabilized". EMTALA is refered to as the "anti-dumping statute". EMTALA does not require hospitals to treat patients with an "emergency medical condition" after they have been stabilized.
James Wendt
425 G Street, Suite 425
Anchorage, AK 99501
907-258-9100
email: [email protected]
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