When you walk into an emergency room, you expect care when you need it most. Unfortunately, not every hospital fulfills that duty. When a hospital delays or denies emergency treatment based on a patient’s insurance status or ability to pay, it may constitute an EMTALA violation.
At Brockstedt Mandalas Federico LLC (BMF), we help patients and families across Maryland, D.C., and Delaware understand their legal options when an emergency department fails to follow the law. Our experienced medical malpractice attorneys can help you determine whether you have an EMTALA claim, a medical malpractice claim, or both.
Key Points: EMTALA Violations in Maryland
- An EMTALA violation in Maryland may involve emergency room refusal of treatment, delayed evaluation, or failure to stabilize a patient with an emergency medical condition.
- Common EMTALA-related issues include hospital patient dumping, improper discharge, and hospital transfer negligence that worsens the patient’s condition.
- EMTALA concerns often overlap with emergency room negligence and emergency medical negligence when a patient suffers serious harm from delayed or denied care.
- Speaking with a Maryland medical malpractice lawyer early can help preserve records and clarify whether you may have an EMTALA claim against a hospital.
What Is an EMTALA Violation?
The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law designed to prevent “patient dumping,” which is the practice of refusing treatment or transferring patients who cannot pay. Established in 1986, EMTALA applies to every hospital that accepts Medicare and operates an emergency department.
According to the law, hospitals must:
- Provide an appropriate medical screening examination (MSE) to anyone who comes to the emergency department requesting treatment, regardless of insurance or payment status;
- Stabilize any patient found to have an emergency medical condition before discharging or transferring them;
- Avoid delays in screening or treatment caused by insurance or payment inquiries; and
- Ensure proper transfers by securing patient consent, confirming the receiving facility’s capacity, and sending all relevant medical records.
When hospitals fail to meet these obligations, they commit an EMTALA violation.
Why EMTALA Matters
Many people first hear about EMTALA after they’ve already suffered harm—when they or a loved one was turned away from an emergency department, improperly transferred, or not treated promptly. The law exists to ensure that no one is denied emergency medical care because of their financial situation.
EMTALA violations are not just technical errors. They often have devastating consequences. A delay in screening or stabilization can mean the difference between life and death for someone suffering from a heart attack, stroke, or other acute medical emergency.
Examples of EMTALA Violations
Understanding what counts as a violation can help patients recognize when their rights may have been violated. Some common examples of EMTALA violations include:
- Failure to provide an appropriate screening. A hospital turns away or inadequately evaluates a patient experiencing severe pain, chest discomfort, or other acute symptoms.
- Failure to stabilize. The hospital diagnoses a condition but transfers or discharges the patient without proper stabilization.
- Improper transfers (“patient dumping”). A hospital moves a patient to another facility that lacks the necessary capacity or expertise, or before the patient’s condition is stable.
- Delays caused by insurance checks. Emergency care postponed while hospital staff verify coverage or discuss payment.
In one real-world case, a hospital was fined after transferring a woman in active labor 170 miles away rather than providing stabilization care on-site. Cases like these illustrate how serious an EMTALA breach can be and how easily they can lead to severe injury or even death.
The Link Between EMTALA Violations and Medical Malpractice
Although EMTALA is a federal statute and medical malpractice is governed by state law, the two often overlap. A hospital’s failure to meet EMTALA obligations can also represent negligence under Maryland’s medical malpractice laws.
For instance, a patient discharged without adequate screening might later suffer complications or death due to a missed diagnosis. In such cases, an attorney can pursue both EMTALA and medical malpractice claims to ensure the victim receives full compensation for their injuries.
At Brockstedt Mandalas Federico, our legal team examines all aspects of your case. We review your medical records, consult experts, and determine whether the hospital’s conduct violated EMTALA, medical malpractice law, or both.
Legal Consequences of an EMTALA Violation
Hospitals and physicians who violate EMTALA face serious repercussions. The Centers for Medicare & Medicaid Services (CMS) can impose fines, revoke a hospital’s Medicare certification, or refer the matter to the Office of Inspector General (OIG) for further action:
- Fines. Hospitals can face penalties ranging from $64,000 to more than $129,000 per violation, depending on the institution’s size.
- Termination of Medicare participation. For many hospitals, this is a financial death sentence.
- Civil lawsuits. Patients suffering harm from an EMTALA violation can file a private lawsuit for damages.
Victims generally have two years from the date of the violation to file a civil action. Acting quickly is essential, as key medical records and witness accounts may become harder to obtain over time.
How Our Firm Can Help
When you’ve been harmed by an EMTALA violation, you need a team that understands both the medical and legal sides of your case.
At Brockstedt Mandalas Federico LLC, we provide:
- Thorough case evaluation. We examine what happened from the moment you arrived at the emergency department to the point of transfer or discharge.
- Expert analysis. We consult with medical professionals to determine whether the hospital met its screening, stabilization, and transfer obligations.
- Strategic legal action. We pursue all available remedies, whether that means filing an EMTALA complaint, negotiating with the hospital, or taking your case to court.
- Compassionate advocacy. We understand the emotional and physical toll these cases take on families. Our attorneys communicate clearly and fight relentlessly for your rights.
Our firm’s medical malpractice litigators have recovered compensation for clients, including medical expenses, lost wages, future care needs, and pain and suffering. We handle the complex legal work so you can focus on recovery.
Why Choose Brockstedt Mandalas Federico LLC
Our team represents clients throughout Maryland, Delaware, and Washington, D.C., and consults with other attorneys nationwide. We’ve built our reputation on skill, compassion, and results. We combine extensive medical malpractice experience with deep knowledge of EMTALA regulations, ensuring no detail of your case is overlooked.
Take the First Step Toward Justice
An EMTALA violation is a breach of your right to emergency medical care. If you or someone you love was denied treatment, improperly transferred, or harmed by inadequate stabilization, you don’t have to face it alone.
Contact Brockstedt Mandalas Federico LLC today for a free, confidential consultation. Our experienced attorneys will review your case, explain your options, and guide you toward the justice and accountability you deserve.
Frequently Asked Questions About EMTALA Violations in Maryland
What is an EMTALA violation in Maryland?
+An EMTALA violation in Maryland may occur when a hospital emergency room fails to properly evaluate, stabilize, or treat a patient experiencing an emergency medical condition. These cases often involve emergency room negligence or refusal of treatment.
What situations commonly lead to EMTALA violations?
+Common EMTALA violation scenarios include emergency room refusal of treatment, improper patient discharge, hospital patient dumping, or transferring a patient without addressing an emergency condition.
Can a hospital be held responsible for an EMTALA violation in Maryland?
+Yes. An EMTALA claim against a hospital in Maryland may arise when hospital policies, staffing issues, or emergency room failures result in a patient not receiving appropriate emergency care.
What is considered emergency room negligence under EMTALA?
+Emergency room negligence Maryland cases often involve failing to assess symptoms properly, ignoring signs of a serious condition, delaying care, or discharging a patient without stabilizing their condition.
Does patient dumping qualify as an EMTALA violation?
+Yes. Hospital patient dumping Maryland cases involve transferring or discharging a patient for non-medical reasons before addressing an emergency condition. This conduct is a common basis for EMTALA-related claims.
What is failure to treat an emergency condition?
+Failure to treat an emergency condition occurs when a hospital does not provide timely evaluation or care despite clear signs of a medical emergency. These situations may form the basis of EMTALA medical malpractice Maryland claims.
Can improper hospital transfers violate EMTALA?
+Yes. Hospital transfer negligence Maryland cases may involve moving a patient before they are medically stable or without appropriate coordination, potentially worsening the patient’s condition.
How does EMTALA relate to medical malpractice claims in Maryland?
+EMTALA medical malpractice Maryland cases often overlap with broader emergency medical negligence claims when emergency room failures lead to serious injury or death.
What harm can result from EMTALA violations?
+EMTALA violations may lead to delayed diagnosis, worsening medical conditions, permanent injury, or death when emergency care is denied or improperly handled.
When should I contact a Maryland medical malpractice lawyer about an EMTALA issue?
+You should contact a Maryland medical malpractice lawyer as soon as you believe emergency room negligence or a hospital’s failure to treat an emergency condition caused harm. Early review helps preserve records and clarify your options.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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