Long story but I'll cut to the chase. I was rushed to the er by ambulance with a severe laceration that required a tourniquet to control the bleeding. The laceration severed 4 tendons, 2 nerves, and a digital artery.
The EMTALA violations.
1) states the on call specialist needs to arrive in a timely manner ( 30-45 minutes). Mine didn't show time 112 minutes later, almost 2 hours.
2) failure to properly conduct a medical evaluation screening, His diagnosis was 6 tendons, and 4 nerves.
3) failure to treat a medical emergency. (Severe pain, impairment to bottle function and or part)
4) failure to treat under EMTALA. I was shortly discharged
5) asked insurance before any treatment then denied treatment due to lack of insurance and then said he needed $30,000 before any treatment because he couldn't trust me.
1) patient abandonment
2) failure to properly diagnose me
3) failure to provide a proper medical evaluation screening
4) unnecessary pain due to giving local anesthesia then waking away to see if the specialist wanted him to. Then coming back when it wore off to only to do it all over again.
5) lying on medical records.
I suspect this question has been posed before on this forum. Your potential medical malpractice claim will likely not be bolstered by trying to prove an EMTALA violation. Keep in mind that EMTALA does not require treatment but at minimum, stabilization before transfer. If you have suffered permanent and substantial injury as a result of the delay in treatment, consult local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
If you can prove that a healthcare provider deviated from the standard of care reasonable for the time in the injury, and you can prove that the deviation resulted in damages, cognizable damages, then you can bring a malpractice case.
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You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
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