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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Unhappy Refused Medical Treatment At Emergency Room

    I recently came down with a bad cold and was bed ridden for two days before I had a family member take me to the hospital. Being a person who always takes his tape recoder with him to all my other doctor visits to be able to review the physicans instructions and to have my family be able to help me comprehend and understand just what the physician communicated.

    Upon him entering the room I told him I was going to record our conversation but before I could even finish my sentance he told me to shut it off. I polity told him why I was going to record the conversation and it seemed he reluctanly was going to let me record our conversation.

    He then began to start the exam and as he was explaing to me that I might have pnemone brought on by the cold that I had that he was going to order some chest x-rays and get me a prescrption for a inhaler he then left the room. About half hour later he retruned to the room and told me that he was going to have ask me to leave on the recomendation of his adminstration because I was recording our visit. I then asked what about the x-rays and prescprtion and he told me to sign my release papers and leave!

    Im now sitting her typing this and wondering if I should go back or go to Differnt hospital for treatment allthough the only other hospital is a hour drive for me and the way im breathing I just don't have the energy.

    My questions are basicly:
    Do I have the right to record our conversation?
    Can a hospital refuse medical treatment like this?
    What about the bill since they refused me treatment do I have to pay?

    Any recoruse?

    State is Ohio

    Thanks everyone,
    Sick in Ohio

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Refused Medical Treatment At Emergency Room

    Im now sitting her typing this and wondering if I should go back or go to Differnt hospital for treatment allthough the only other hospital is a hour drive for me and the way im breathing I just don't have the energy
    You should at the bear minimum contact your primary care physician and get into see them TODAY if getting to another hospital is too much of an issue. He/she can do the same thing (order the cxray and inhaler). If their office does not do cxrays on site, you can go back to the hospital you were at and go thru outpatient services as opposed to the ER.

  3. #3
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Refused Medical Treatment At Emergency Room

    I agree. ER's are for life threatening situations, not colds/sore throats, etc. Your PCP could easily treat you.

    As for the tape recorder, I'd have to say that it wouldn't fly in my office either.

  4. #4
    Join Date
    Feb 2008
    Posts
    1

    Exclamation Re: Refused Medical Treatment At Emergency Room

    You absolutely CAN NOT be refused treatment at any Emergency room. I can understand the Physician not allowing you to record the ER visit-instead of intimidating the Dr with that, you could just simply go to the Medical Records Dep't of the hospital a day or two after your visit and request a copy of you chart-however, you can never be turned away or refused treatment at any ER anywhere. There is a law called the COBRA/EMTALA that has specific treatment laws for the ER-especially any Hospital that recieves Federal funding. However, the physician did examine you first and may use that to say that you were determined not to have had a true Emergency. Since you did not recieve any blood tests or xrays though, it could possibly be a COBRA/EMTAL violation. This is a very serious violation for a hospital and I must say that the Physician and Administrator/CEO of the hospital that made this decision were either very gutsy or very stupid. I hope that you will take the time to report this possible violation to the Centers for Medicare and Medicaid Services(CMS). This is area of the Federal Goverment that was formerly known as HCFA and they will investigate to see if there was a violation. I believe from your story that it was and these DO NEED to be reported. The CMS is in charge of this for all people and will assist you on how to properly report this. Best of luck to you and I am sorry that this happened to you.

  5. #5
    Join Date
    Jan 2008
    Posts
    9

    Default Re: Refused Medical Treatment At Emergency Room

    these days it seems they can do everything they want to. And some ignorant people actually will argue on their behalf, because they have not experienced this situation themselves. Insurance, drug companies, and doctors their lobbies just about bought everybody in Washington. That's why we suffer because health care is business. They should give to the private companies police and fire department then we will have a complete package.

    I tell you straight as I was told this from a community clinic doctor, basically if you don't have a good insurance like a PPO, ER want help you unless you are about to die next minute and even then they will probably have some law that covers them. I was in ER with Hep B, 246,000,000 viral load, nobody did anything I begged them for help, people were going by me, I was given lots of water, I looked at the hospital sealing and thought this can't be happening but it did, I was also discharged multiple times, luckily my medication was finally approved after 5 months since my diagnoses, but I have developed a serious liver fibrosis as result. And I can't find an attorney that will help. I was told if they cut of my hand there, or gave me the wrong drug then I have a case, sick to hear but the law is not on our side. And did have to pay my hospital bill, $750 for 2 hour stay and some water, they can offer you 6 months payments. sucks

    To carry a tape recorder that is smart, just don't tell them and keep on recording and post it everywhere. If every person will not be silent about this corrupted; greedy inhuman heath care system, and post their story maybe there will be change then.

    What they did to you is criminal any normal person will tell you that, but laws are set up this way that allows them to do so. It is sick to think that a person went to ER if he does not have an emergency situation. If you felt it is an emergency you went there to protect your health. Yes it is against the law for them to refuse treatment, but once they admit you and they find out you have no insurance or an HMO, they will do as little as possible.

    I hope you will feel better and your body clears your cold or flue infection

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Refused Medical Treatment At Emergency Room

    First of all, you jumped in on someone else's thread. Stick to your own. This site is for legal advice, you've not listened to the advice you were given by anyone here or YOUR OWN ATTORNEY per your own post.

    It is sick to think that a person went to ER if he does not have an emergency situation.
    It is, but this is not the case with this person. He did see a physician, it was deemed by a medical professional that he was not in a life or death situation, then released. Read his/her post.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,980

    Default Re: Refused Medical Treatment At Emergency Room

    Quote Quoting agjcjm@yahoo.com
    View Post
    You absolutely CAN NOT be refused treatment at any Emergency room.
    EMTALA provides that if a patient "comes to the emergency department" of a hospital and the patient requests (or somebody makes a request on the behalf of the patient) examination or treatment of a medical condition, the hospital must provide an appropriate medical screening examination within the capabilities of the hospital.

    If as a result of the medical screening the hospital determines that the patient has an emergency medical condition, the hospital is obligated to provide either necessary stabilizing treatment or an appropriate transfer.

    If the patient does not have an "emergency medical condition", the statute imposes no further obligation on the hospital. That is to say, if there's no emergency medical condition, the hospital can send the patient on his merry way.

    It appears that the patient in this case was medically stable but, EMTALA aside, would have received additional treatment anyway - yet refused to comply with the instruction not to tape record the visit. The patient was warned not to record the consultation, and did so at his own peril. There is no reason I can think of why the patient would be able to avoid paying for treatment administered up to that point.

  8. #8
    Join Date
    Jan 2008
    Posts
    1,948

    Thumbs down Re: Refused Medical Treatment At Emergency Room

    Quote Quoting gromov
    View Post
    To carry a tape recorder that is smart, just don't tell them and keep on recording and post it everywhere.
    In many states it is ILLEGAL to tape record a conversation without the other person's permission!

  9. #9
    Join Date
    Sep 2007
    Location
    Austin, Texas
    Posts
    65

    Default Re: Refused Medical Treatment At Emergency Room

    Eh, I think that if recording the conversation is more important to you than getting medical treatment, and you then choose to spend your time complaining about it on an internet forum rather than getting treatment somewhere else, you aren't that sick. JMO.

  10. #10
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: Refused Medical Treatment At Emergency Room

    Quote Quoting las365
    View Post
    Eh, I think that if recording the conversation is more important to you than getting medical treatment, and you then choose to spend your time complaining about it on an internet forum rather than getting treatment somewhere else, you aren't that sick. JMO.
    I agree. Or if they are sick it isn't the cold that needs to be worried about they need a psychological examination.

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