Legal Question in Criminal Law in California

Re: assault

Thank you for your inquiry.

You don't need money to go to a hospital. In 1986 the United States Congress passed what became known as the Federal Emergency Medical Treatment and Labor Act (EMTALA or the "Act"). This Act is also known as the "anti-dumping" statute. Prior to the 1986 law, there was no requirement on the part of hospitals to treat everyone who came to the emergency room and, in many states, the hospital was not liable for damages caused by the hospital's refusal to treat a patient. A hospital could choose not to treat a patient who did not have insurance or enough money to pay for the required medical treatment. Sometimes patients would die or suffer serious injuries as the result of a transfer or delay in treatment. To prohibit such patient dumping, Congress enacted the EMTALA.

The Act applies to all hospitals which have emergency rooms and which participate in the Medicare program. Almost all hospitals, public and private, receive Medicare funds; therefore, almost all hospitals are covered by the federal Act.

This doesn't mean that your friend may not get a bill later if he doesn't have insurance, but you can and should get treatment.

If the accuser is found, and is either convicted or pleads guilty, most courts will order restitution, based upon your medical bills. Waiting for this, however, may take a frustratingly long time, depending on the case and what happens.