Is patient dumping a form of medical malpractice?

Answer:

Yes. “Patient dumping” takes place when a hospital turns away someone in need of emergency care, transfers a patient when unnecessary, discharges a patient before they are stable, or transfers a patient without providing adequate medical care first. Patient dumping most often occurs when a hospital believes that the patient cannot pay for care, has insufficient insurance, or has a condition that will result in high-cost treatments.
The 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) makes it illegal for virtually any hospital to dump a patient and refuse anyone the emergency health care that they require. If you or a loved one was refused medical care at a hospital, discharged without receiving the proper care, or transferred when you should have been treated, you may have a Texas medical malpractice case. Very simply, the hospital is committing a negligent act when they refuse care, provide sub-par care, or end care prematurely.
No one should suffer injury because they receive Medicare or because they appear to be impoverished – it is federal law. Victims of patient dumping and their families should speak with a Dallas medical malpractice lawyer if they believe they were harmed because of the negligent acts of a hospital. Call the Rasansky Law Firm today to schedule a free, private meeting with a lawyer.