Can a Hospital ER Turn You Away in New York?
Your Rights the Moment You Walk Into an Emergency Room
When you rush to an emergency room, everything feels urgent. Your heart is racing. You’re in pain. You don’t know what’s wrong, but you know you need help right now. Fear and uncertainty take over fast. In that moment, you expect care, not resistance. That’s why so many people ask the same question later, often in disbelief: can a hospital ER in New York legally turn you away? And if they do, what happens when that refusal causes real harm?
At Horn Wright, LLP, our team of personal injury lawyers has spent years standing up for New Yorkers hurt by the negligence of others. We’ve seen how devastating it can be when people suffer an injury as a result of someone else’s carelessness.
Federal Law That Protects Patients Seeking Emergency Care
The Emergency Medical Treatment and Labor Act, often called EMTALA, exists to protect patients during medical emergencies. Congress passed this law to stop hospitals from refusing care to people who could not pay or did not have insurance. Before EMTALA, those refusals were far too common, and patients paid the price with their health.
EMTALA applies to almost every hospital with an emergency department. If a hospital accepts Medicare funds, it must follow EMTALA rules. These duties begin as soon as a person comes to the hospital seeking emergency care. No paperwork is required first.
Under federal law, hospitals cannot base emergency care on money. That means:
- Insurance status does not matter
- Ability to pay does not matter
If your symptoms suggest an emergency, the hospital must respond. The law is designed to put medical need first.
What EMTALA Requires Hospitals to Do
EMTALA places clear responsibilities on emergency rooms. The first is the duty to provide a medical screening exam. This exam determines whether an emergency medical condition exists. It must be appropriate and consistent with how other patients with similar symptoms are evaluated.
If an emergency condition is found, the hospital must provide stabilizing treatment. Stabilization means reducing the immediate risk of harm. The hospital cannot send you home or push you out while you remain unstable.
When a hospital lacks the resources to treat a condition, EMTALA allows transfers, but only under strict rules:
- The patient must be stabilized as much as possible
- The receiving facility must agree to accept the patient
Medical records must be transferred, and transportation must be safe. Hospitals that violate these rules face serious penalties, including fines and potential loss of funding. EMTALA violations can also support medical malpractice claims by showing the hospital ignored clear legal obligations.
New York Laws That Protect ER Patients
New York law reinforces federal protections and, in some cases, goes even further. Hospitals licensed in New York have a duty to provide emergency services to anyone who needs them. This duty applies regardless of income, background, or insurance coverage.
Emergency rooms must also post patient rights where they are visible. These notices explain that patients are entitled to emergency care and a medical evaluation. They are meant to protect people during vulnerable moments, not after damage is done.
When hospitals fail to meet these duties, they may face civil liability. If a refusal or delay leads to injury, patients may have grounds to pursue legal action. These cases often focus on whether the hospital followed accepted medical standards and state regulations.
When an ER May Legally Refuse Treatment
There are limited situations where an ER may decline to provide treatment. These situations are narrow and closely regulated. Hospitals cannot simply decide not to help.
If a condition is not an emergency, the hospital may refer the patient elsewhere, but only after a medical screening. Referral is not the same as refusal. A patient must still be evaluated before being redirected.
Hospitals may also face capacity issues during disasters or extreme overcrowding. Even then, strict limits apply. Patients who arrive must still receive screening and stabilization. Staff shortages and long wait times do not excuse ignoring emergency symptoms.
Mental Health Emergencies and ER Obligations
Mental health crises qualify as medical emergencies. Severe anxiety, suicidal thoughts, psychosis, and threats of harm all fall under emergency care requirements. Hospitals must take these situations seriously.
If a patient poses a risk to themselves or others, the ER must act. That includes screening, stabilizing care, or arranging a proper transfer to a facility that can help. Simply telling a patient to leave or return later can violate both federal and state law.
Failures in mental health emergencies often have devastating outcomes. Hospitals that ignore warning signs or delay action may face serious legal consequences when harm follows.
What to Do If You Were Turned Away and Harmed
Delays in care often make injuries worse. Infections spread. Internal injuries progress. Mental health symptoms escalate. What could have been treated early can quickly become life changing.
Some warning signs your rights may have been violated include:
- No medical screening despite serious symptoms
- Focus on payment or insurance before evaluation
- Discharge while symptoms were still severe
Medical records, timestamps, and staff notes matter. They help show what happened and when. Even missing documentation can raise red flags. A careful review can reveal whether a hospital failed to meet its legal responsibilities.
Why Horn Wright, LLP, Stands Up for Injured New York Patients
At Horn Wright, LLP, our attorneys focus on helping injured New Yorkers feel heard, supported, and taken seriously. Contact our offices for a FREE consultation if you’ve suffered personal injuries as a result of another’s negligence.