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Delayed Medical Appointment

On Behalf of | Jul 22, 2020 | Firm News, Negligence |

In a recent Appellate Division, First Department  decision, (Espinosa v. Montefiore Med. Ctr), a patient sued a hospital claiming delayed treatment caused injuries.  The delay was attributed due to the need to confirm medical coverage.  The Court upheld dismissal of the case stating that a doctor is not under an obligation to treat every patient.  The Court recognized the Emergency Medical Treatment and Active Labor Act of 1986 which requires hospital to treat emergencies regardless of ability to pay.  The Court found that no “emergency” existed and therefore this law did not apply.

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