What to Do If You’re Refused Medical Treatment

What to Do If You’re Refused Medical Treatment

Being refused medical care can be frightening and even life-threatening. Whether it's a denial at the ER, a doctor who won’t take your insurance, or a hospital turning you away for administrative reasons, understanding your rights and acting quickly is critical to protecting your health—and your legal standing.

Here’s what to do if you're refused medical treatment and how to respond appropriately.

1. Know Your Right to Emergency Care

Under the Emergency Medical Treatment and Labor Act (EMTALA), most hospitals are legally required to provide:

  • A medical screening exam to anyone who comes to the ER

  • Stabilizing treatment for emergency conditions, regardless of insurance or ability to pay

Refusing to treat someone experiencing a true emergency—such as chest pain, labor, or head trauma—is a violation of federal law at facilities that receive Medicare funding (which most hospitals do).

2. Ask for an Explanation—and Document It

If treatment is refused:

  • Ask the provider or administrator why you're being denied

  • Request a written explanation of the reason for denial

  • Take note of the names of all staff involved

Even if you’re feeling unwell, try to write down or record what happened immediately after the incident. This documentation could be crucial for a legal claim later.

3. Seek Care Elsewhere Immediately

If possible, go to another facility or clinic—even a different hospital emergency room. Delays can worsen your condition and may weaken your legal position if you don’t seek alternative care.

If you’re unable to transport yourself, ask a friend, call 911 again, or request ambulance transfer to another ER if denied.

4. Know When Refusal May Be Legal

While emergency care refusal is heavily restricted, certain denials may be lawful in other settings:

  • Primary care providers may decline new patients if their panel is full

  • Doctors may refuse non-emergency treatment for unpaid bills or policy violations

  • Providers may deny certain services due to religious or ethical objections (e.g., abortion or assisted suicide)

Still, they must do so without discrimination, and in many cases, they are required to offer referrals or alternatives.

5. Check Your Health Insurance Rights

If the refusal was based on your insurance—or lack thereof—review:

  • Your plan’s coverage limits

  • Network requirements (in-network vs. out-of-network)

  • Preauthorization rules

In some cases, treatment may have been wrongly denied because of billing confusion or clerical errors. Contact your insurer for clarification, and ask the provider to bill your insurance directly or offer an appeal process.

6. File an Internal Grievance With the Provider

Hospitals and clinics are required to have a patient grievance or complaint process. To begin:

  • Submit a written complaint to the hospital's patient advocate or compliance officer

  • Include a timeline of events and relevant documentation

  • Ask for a written response and follow-up steps

This process often prompts internal investigation and resolution without legal action.

7. File a Complaint With a Government Agency

If the internal process fails—or you believe your rights were violated—file a complaint with:

  • The U.S. Department of Health & Human Services (HHS) for EMTALA violations

  • Your state medical board for ethical or professional misconduct

  • The Office for Civil Rights (OCR) if you suspect discrimination based on race, gender, disability, or language barriers

  • The Centers for Medicare & Medicaid Services (CMS) if you were denied care at a facility that receives federal funding

These agencies can investigate and enforce penalties when appropriate.

8. Watch for Discrimination or Retaliation

Medical providers cannot refuse treatment based on:

  • Race or national origin

  • Gender or gender identity

  • Disability

  • Pregnancy status

  • Religion

  • Age

  • Sexual orientation

If you believe your denial of care was based on bias or protected status, that’s not just unfair—it’s illegal. You may be eligible for damages or injunctive relief.

9. Consider Legal Action if Harm Occurred

If denial of care led to worsened medical conditions, financial loss, or emotional distress, speak with a medical malpractice or civil rights attorney. They may help you:

  • Demand a settlement

  • File a lawsuit for damages

  • Secure court orders preventing future discrimination

  • Hold the provider accountable for EMTALA or ADA violations

Be aware: medical malpractice suits are complex, often require expert testimony, and are subject to strict filing deadlines called statutes of limitations.

10. Advocate for Yourself and Others

Refusals of treatment are often systemic issues—especially for marginalized patients. Share your story with:

  • Health care watchdog organizations

  • Disability and civil rights advocacy groups

  • Local news or investigative reporters

Public pressure can lead to changes in policies, training, and accountability across the health care system.

Protect Yourself with LegalShield
Being refused medical care is frightening—but you’re not alone. With LegalShield, you can speak to an attorney about your experience, understand your rights under federal and state law, and take action against medical institutions that fail in their duty to care. From handling complaints to exploring legal claims, LegalShield gives you affordable, powerful support. Click here to find out how LegalShield can help you stand up to medical injustice.

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