Hospitals in California may be able to refuse to care for a patient without liability in a non-emergency situation if they lack certain specialized resources, the treatment is not medically necessary, or the patient is considered disruptive or unsafe.
During and after the COVID-19 pandemic, the question of “Can a hospital refuse treatment to patients?” became a trending topic on various search engines. There are certain scenarios when a hospital may be able to refuse to admit or treat a patient without incurring liability.
Even though a hospital is not permitted to deny an individual treatment for discriminatory reasons, such as gender, race, sex, etc., it may be able to do so for another reason, for example:
- In a non-emergency case, if the patient does not have insurance
- If the hospital is low on resources, such as not having enough open beds, staff, or medication
- If the hospital lacks the proper medical personnel or equipment that is required to properly treat the individual’s illness or injury
- If the patient would receive better treatment at a different health care facility
- If a patient is acting in an abusive or violent manner that is creating an unsafe environment
- If a mentally competent patient refuses care, the hospital cannot force them to accept it
- If the treatment is deemed experimental or against medical advice
Because of these possibilities, courts often follow the general rule that hospitals are not obligated to help every single person who walks through the doors. A California lawyer can provide more information on the circumstances when a California hospital may be held liable for refusing to treat an individual.
When Can a Hospital Be Liable for Refusing To Admit or Treat Patients in California?
In some situations, a California hospital may be held liable for refusing to admit or treat a patient, for example, if it does so based on a discriminatory reason. A California hospital can be held liable for refusing treatment for a patient during an emergency.
For example, if a patient arrives at the hospital in critical condition and failure to treat them would result in severe injury or death, the hospital can be held liable for turning away a patient who needed immediate medical attention. Following the COVID-19 pandemic, there has been a debate regarding whether hospitals can refuse service and the answer is, it depends.
There are a variety of factors that will affect whether or not a California hospital can be held liable for refusing services, including:
- The seriousness of the patient’s condition
- Whether they need emergency care or if they could manage their symptoms at home
- If the hospital has enough resources
- Whether the facility have enough beds available to properly treat the patient
- The type of medical treatment that the patient will require if they do not have a COVID-related issue
- This will depend on whether the individual’s condition is an emergency
There can also be other factors that should be examined based on the circumstances of the situation.
Does It Matter Who Refuses To Provide Treatment?
It is important to keep in mind that it does matter who refuses to treat a patient for liability purposes. The party who refuses to provide treatment has to be someone who is employed by the hospital.
That individual also has to have the authority to decide which patients can or cannot get treatment. Typically, this will include hospital staff who are in charge of the treatment and take care of patients and may include physicians, nurses, and other relevant medical personnel.
To find out more information on nurse’s negligence, hospital negligence, and other types of potential liability California hospitals can face, it is important to schedule a California lawyer consultation.
Reasons for Hospital Refusal in California That Can Trigger Liability
There are situations in which hospital refusal to treat a patient in California can trigger liability. In these situations, it is important to be aware that there may be reasons why the hospital refused to admit the patient or why their treatment was denied.
For example, if a physician who was employed by the hospital decided, based on their professional medical expertise, that the patient’s condition does not require treatment, which results in a refusal to treat, a court would likely consider this a reasonable excuse. In this situation, the hospital will not likely be held liable.
In contrast, if the physician refused to admit or treat the patient without considering their current medical condition, a court may determine that the hospital should be liable for failure to admit or treat the patient. For example, if the hospital determined whether or not to treat the patient based on if they had insurance, the hospital can be held liable for failure to admit or treat.
Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), hospitals cannot refuse patients medical treatment if there is an emergency, regardless of whether the patient has insurance or not. When a patient requires immediate medical attention or is in active labor, the hospital can be held liable for a refusal to admit them or for denying them treatment if they are uninsured.
On the other hand, if their situation does not fall under the protections provided by the EMTALA, the hospital can refuse to admit or treat the patient if they do not have insurance. Hospitals, although they are health care centers, they are also businesses, and they must make decisions to protect themselves and stay functioning.
Common Reasons California Hospitals Refuse Admission or Treatment
A hospital does not have to treat every person who comes in seeking medical assistance. Hospitals do operate as businesses.
Treating patients, especially when they do not have insurance, can be very expensive. A hospital may have to make business decisions about how and if a patient should be admitted or treated.
There are several common reasons why a hospital may decide not to admit or treat a patient, including:
- A lack of appropriate staff or recruitment to treat the injury or illness
- Limited resources resulting in an inability to manage all of the patients that come in
- The patient would be better served at a different location
A hospital cannot deny treatment for reasons such as an individual’s sex, age, religious affiliation, or other characteristics. It is important for someone to always seek medical assistance when they need it.
In certain situations, a hospital may be held liable for injuries or deaths that result if they refuse to admit or treat a patient.
How Can a California Lawyer Help Me?
If you have suffered any type of illness or injury because you were denied admittance or treatment by a California hospital, it is very important to reach out to a California personal injury lawyer. Your personal injury lawyer can determine if you have a viable claim, what possible damages you may be able to recover, and guide you through the process.
LegalMatch can help you find a California personal injury attorney who is licensed and prescreened near you in as little as 15 minutes by using the free and confidential online lawyer-client matching services. Simply complete the online submission process and member lawyers in your area of California will respond in around a business day. You will be able to read about their background, fees, and client reviews and choose the one who best fits your needs.
