MEDICAL MALPRACTICE | 2026-09-29
EMTALA: Your Right to Emergency Care — and What Happens When a Hospital Turns You Away
Federal law requires hospital emergency rooms to screen and stabilize anyone with an emergency, regardless of ability to pay. When a hospital “dumps” a patient, EMTALA provides a remedy.
A hospital emergency room cannot turn away a patient in crisis because they lack insurance or money. The federal Emergency Medical Treatment and Labor Act (EMTALA) guarantees that any person who comes to a covered hospital’s emergency department receives a medical screening examination and, if they
EMTALA is often called the “anti-dumping” law: it exists to stop hospitals from turning away or discharging emergency patients who cannot pay.
What EMTALA Is and Why It Exists
Congress enacted the Emergency Medical Treatment and Labor Act (42 U.S.C. § 1395dd) in response to reports of hospitals refusing to treat or transferring (“dumping”) emergency patients who were uninsured or unable to pay. EMTALA applies to hospitals that participate in Medicare and operate a dedicated emergency department — which is nearly all hospitals. It imposes duties that run to any individual who comes to the emergency department, regardless of insurance, immigration status, or ability to pay.
The Duty to Screen — the Medical Screening Examination
EMTALA’s first core duty is the medical screening examination (MSE). When a person comes to the emergency department and requests examination or treatment, the hospital must provide an appropriate medical screening examination — within the capability of the hospital’s emergency department, including ancillary services routinely available — to determine whether an emergency medical condition exists. Critically, the screening must be the same screening the hospital would provide to any patient with similar symptoms; a hospital cannot provide a lesser screening based on a patient’s ability to pay. A failure to screen, or a disparate screening, can violate EMTALA even if the underlying care would not amount to malpractice.
The Duty to Stabilize
If the screening reveals an emergency medical condition, the hospital must provide, within its capabilities, the treatment necessary to stabilize the condition before discharging or transferring the patient. An emergency medical condition includes a condition manifesting acute symptoms of sufficient severity that the absence of immediate attention could reasonably be expected to place the person’s health in serious jeopardy — and EMTALA specifically addresses active labor (a woman in labor must generally be delivered, and the newborn stabilized, before transfer). Discharging or transferring an unstable emergency patient, absent the strict transfer conditions, violates the Act.
The Transfer Rules
EMTALA permits the transfer of an unstable patient only under specific conditions — for example, when the patient requests transfer after being informed of the risks, or a physician certifies that the medical benefits of transfer outweigh the risks — and only with an appropriate transfer: the sending hospital must minimize risks, send medical records, and confirm the receiving facility has space and qualified personnel and has agreed to accept the patient. A hospital with specialized capabilities generally must accept an appropriate transfer of a patient who needs those capabilities. Transfers that flout these rules are classic EMTALA violations.
The Private Right of Action and Remedies
EMTALA provides a private civil remedy: an individual who suffers personal harm as a direct result of a hospital’s EMTALA violation may sue the hospital for damages available under the law of the state where the hospital is located (in California, subject to the state’s damages rules). Hospitals and physicians also face civil monetary penalties and potential exclusion from Medicare for violations. EMTALA claims are often brought alongside state medical-malpractice claims, but they are distinct: EMTALA targets the failure to screen, stabilize, or properly transfer — not the quality of the medical judgment once care is provided.
EMTALA vs. Medical Malpractice
It is important to distinguish the two. Medical malpractice concerns whether the care provided met the standard of care. EMTALA concerns whether the hospital fulfilled its statutory duties to screen, stabilize, and appropriately transfer — a hospital can violate EMTALA (for example, by failing to screen a patient at all, or by dumping an unstable patient) even where a separate malpractice analysis would differ. A patient harmed in the emergency setting should have both theories evaluated.
Frequently Asked Questions
Can an ER refuse to treat me if I can’t pay?
No. EMTALA requires covered hospitals to provide a medical screening exam and stabilizing treatment for an emergency condition regardless of your ability to pay.
What is a medical screening examination?
An appropriate examination — the same one the hospital would give any patient with similar symptoms — to determine whether an emergency medical condition exists.
When can a hospital transfer me?
Only under EMTALA’s conditions — with informed patient request or a physician’s risk-benefit certification, and an appropriate transfer to a facility that has agreed to accept you and has the capacity and personnel.
Can I sue for an EMTALA violation?
Yes — EMTALA provides a private right of action for personal harm caused by a violation, with damages under applicable state law, plus civil penalties against the hospital.
Is EMTALA the same as malpractice?
No. EMTALA targets the failure to screen, stabilize, or properly transfer; malpractice concerns the quality of care. Both may apply.
Which hospitals are covered?
Hospitals that participate in Medicare and have a dedicated emergency department — nearly all hospitals.
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Talk to a California Attorney About an ER Violation
If an emergency room turned you away, failed to stabilize you, or transferred you improperly, EMTALA may provide a remedy. Trembach Law Firm evaluates California EMTALA and hospital claims. Call (818) 514-7680.
Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.
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