Emergency Medical Service Medical Malpractice Litigation

Are hospitals required to provide emergency medical services to all patients, regardless of their ability to pay?  If I'm uninsured and seek emergency medical services from a hospital, can I sue the doctor and staff for injuries resulting from negligent treatment?    Both the federal Emergency Medical Treatment and Active Labor Act (EMTALA) and Sec. 401.45 1(b), Florida Statutes, require emergency rooms provide stabilizing care for patients suffering from acute medical emergencies, regardless of their ability to pay.   Under current law, this allows patients who could not otherwise afford too pay for treatment to later bring a medical malpractice lawsuit against the emergency medical service providers.  However, under Florida Law and the doctrine of qualified immunity, an injured party cannot sue a government employee for injuries resulting from the employee's negligence.  Instead of suing the government employee individually, the party must bring an administrative action against the governmental entity in which the employee belongs.  Sec. 768.28, Florida Statutes, defines those governmental employees who are protected by qualified immunity.  Even where a governmental entity is found liable for negligence, Sec. 768.28 places limits on the amount of damages an injured party can recover. For instance, the statute places limits of $100,000 to $200,000 on the amount an injured party can recover in a lawsuit against the government.  Proposed Florida House Bill 791 seeks to expand qualified immunity to include emergency healthcare providers who render emergency aid to uninsured or indigent patients.  Florida Statutes require that emergency medical centers provide stabilizing care to individuals, regardless of their ability to pay.  According to the legislature though, this has lead Florida malpractice insurers to raise their professional liability insurance rates to some of the highest in the US.  As a result, many doctors choose not to practice in emergency health care centers.  While the bill will likely lead to a decrease in malpractice liability insurance rates and malpractice premiums, it will also limit the amount injured parties can recover in malpractice suits.  The chances of the bill becoming law at this point are uncertain – it passed in the House with substantial opposition, and now goes to the Senate for consideration.  In any event, the bill represents a step towards greater tort reform, and would impose additional limitations on liability to those found in Section 766.118, Florida Statutes. Time is of the essence. Get your FREE case evaluation TODAY.