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Attorney 1
Attorney 1, Attorney
Category: Personal Injury Law
Satisfied Customers: 2601
Experience:  Knowledgeable and Experienced Attorney
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Medicare has deemed in my favor that an emergency room doctor

Customer Question

Medicare has deemed in my favor that an emergency room doctor did not meet professional standards by refusing to treat me for a medical condition (suicidal). I am wondering if I have an EMTALA or malpractice suit?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Attorney 1 replied 1 year ago.
Hello, and welcome. I am a licensed attorney and happy to assist. I'm sorry to hear you did not receive the appropriate service from the ER or its attending physician. While the Medicare determination is not determinative from the standpoint of a court of law, it is certainly persuasive evidence in your favor. If you sustained injury as a result of the substandard care, you technically have a cause of action that may be worth pursuing. If you sustained permanent injury, a local attorney may be willing to take your case. In deciding whether or not to pursue the matter, you should know that actions against the hospital and/or physician are timely and very expensive, so it's important to weigh the pros and cons before deciding whether to move forward, even if you have a legitimate complaint. If you feel the facts warrant pursuit of the matter, the Medicare determination will be very beneficial to your case. Note: An EMTALA claim would be made within a malpractice action because violation is evidence of or may constitute malpractice. I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​. Good luck! Best,Attorney 1
Expert:  Attorney 1 replied 1 year ago.
Please let me know if there's anything else I can do for you. I'm here to help. Best,Attorney 1