Denied Medical Care in WV?

If You Were Denied Your Right to Adequate Medical Treatment, Call a Charleston Lawyer Now!

If you visit the emergency room, urgent care, or make an appointment with your doctor, you never expect that the doctor will refuse to treat you. We only expect attentive and prompt care to address our symptoms or injuries as soon as possible.

It is unfortunate that not all doctors know how to respond appropriately to a medical problem. Some conditions are also difficult to treat, and so doctors may not recognize the full extent of the injury or illness. The doctor may then refuse or deny medical treatment due to misinformation.

Can You Be Denied Medical Treatment?

Yes, doctors can deny you medical treatment – but only under specific circumstances. Patients in urgent care clinics or emergency rooms must be initially screened to determine the severity of their medical condition, with life-threatening conditions and injuries taking priority over others. For example, a person brought to the emergency room with head trauma will be treated immediately and given priority over a person with a sprained wrist, which may require them to wait several hours before being seen by a doctor.

Other than patient prioritization, a patient may be denied emergency care if:

• The patient exhibits drug seeking behavior
• The patient is deluded and believes they are seriously ill when there is no real illness
• The patient displays dangerous or destructive behavior while awaiting treatment

The Federal Emergency Medical Treatment and Active Labor Act (EMTALA) establishes “anti-dumping” protections for patients which prohibit hospitals with emergency rooms from denying treatment to women in active labor and patients with emergency medical conditions, regardless of their insurance coverage or ability to pay. Likewise, patients may not be transferred to another medical facility until their condition has been stabilized.

Under EMTALA, a patient may not be denied treatment if:

• Denying treatment would seriously jeopardize patient’s health
• Denying treatment would result in severe dysfunction or impairment of a bodily function
• There is not enough time to transfer a pregnant woman to another hospital, or if doing so would be risky for either the mother or unborn child

Why Do Doctors Deny Treatment?

In understaffed or hectic facilities especially, the entire medical staff—doctors included—are so overloaded that it becomes nearly impossible to give the patient enough attention. Doctors are shuffled from one room to the next, often only spending a few minutes at a time talking with the patient.

Keep in mind that some hospitals can turn away or deny medical treatment to a patient if the doctor believes that there is no injury or emergency present. However, if a doctor misdiagnoses or fails to see the symptoms of a more serious condition, then that is where malpractice occurs.

Compensation for Unlawful Denial of Medical Treatment

As Charleston denial of medical treatment attorneys, we can investigate your case to determine if negligence did play a role in your case. If so, we can begin the steps to file a claim for compensation.

You may be entitled to compensation for the following:

• Medical bills
• Wages lost due to inability to work
• Mental anguish
• Pain and suffering
• Lost earning capacity
• Punitive damages

At Berthold Law Firm, PLLC, we were particularly well-versed in these types of cases. We work closely with our clients to discuss their injuries and the treatments involved due to medical malpractice. We can help you if a doctor refused to provide you with medical care or denied giving you access to medication.