ABA Family Legal Guide

Health-Care Law

Patients' Rights

Emergency Care

Can I sue the hospital for malpractice if there is a problem with emergency care?

Yes. In an EMTALA claim, you must prove that the hospital is required to comply with EMTALA, that you went to the hospital seeking treatment, and that the hospital either did not properly screen you or that the hospital sent you away before stabilizing your condition. Unlike other medical malpractice claims, the majority of courts hold that EMTALA creates a private right of action against the hospital only. Therefore, money damages are usually not obtainable from the doctors.

EMTALA claims are different from medical malpractice claims against doctors, but most lawsuits contain claims on both these legal issues.

In addition to money payable to you, the hospital also may be fined as much as $50,000, payable to the government.