Legal Question in Medical Malpractice in South Dakota

Hospital refusal of care.

on 6-6-01 an elderly male fell down a flight of stairs the ambulance was called to take him to the hospital. When he arrived at the hospital he was turned around due to he was a little intoxicated and they said the doctor is not on call and to come back the next day. when he returned the next day the x-ray showed that he had broken his leg.

the only thing they did for him was put a splint on his leg and make an appt. to another hospital.'' is there a case in this matter?''


Asked on 6/08/01, 10:19 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Hospital refusal of care.

This is a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). There is a probable cause of action, but there may be insufficient damages to justify a case. Nevertheless, I would consult an attorney immediately to determine your rights.

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Answered on 6/28/01, 12:45 pm


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