lawyer for people who cant afford health insurance and being mistreated by dr offices

by Cody Crist III 8 min read

Why hire a medical malpractice attorney?

Our attorneys are well-versed in identifying instances of medical malpractice and achieving favorable results for our clients. We’re happy to review your incident in a free, no-obligation case evaluation and let you know if you have a claim for compensation.

Can the largest plaintiff’s law firm take on a medical malpractice case?

As the largest plaintiffs’ law firm in America, we have the resources to take on virtually any medical malpractice case. Over the past few decades, we’ve recovered favorable verdicts and settlements time and again for our clients. We may be able to help you, too. Read on to find out how. What Is Medical Malpractice?

Can a private doctor refuse to treat you?

A private doctor is not subject to the provisions of EMTALA and can dismiss you as a patient at any time, for just about any reason other than discrimination, without fear of liability. Under the Civil Rights Act of 1964, you can’t be refused treatment on the basis of your age, sex, race, sexual orientation, religion, or national origin.

What if I Can’t afford a lawyer?

But if you can’t afford a lawyer to represent you in court, before an administrative agency, during negotiations, or in some other matter, don't give up. With a little searching, you may be able to find free or reduced-cost legal help.

What is medical malpractice?

What are some examples of negligence by an anesthesiologist?

Can a hospital be held liable for medical malpractice?

Can a doctor be found negligent for failing to order a test?

Can MRIs cause serious injuries?

Is medical malpractice a reward?

Is a hospital liable for malpractice?

See more

About this website

What is the best definition of malpractice?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What's the difference between attorney and a lawyer?

People often confuse the words attorney and lawyer, believing them to serve different functions. However, the only real difference between the two is the region in which the word is used. They are effectively the same thing in terms of law, whether that be commercial, corporate, commercial law or contract law.

What is the difference between an attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

Best Medical Malpractice Lawyers Near Me - Attorney Ratings | FindLaw

Examples of medical malpractice can include any injury, damage, or loss caused by medical negligence. Most medical malpractice cases involve a patient making a claim against a doctor, hospital, or other medical professionals.

Best Law Firms for Medical Malpractice Law - Plaintiffs

Search for a Law Firm. Search our directory of over 15,000 firms across the U.S.

Find a Top Rated Medical Malpractice Attorney Near You - Super Lawyers

Medical Malpractice Law Super Lawyers rated attorneys. Make a selection below to narrow down your search by location.

Average Settlements Amounts in Medical Malpractice Lawsuits

Settlement compensation in medical malpractice cases by type of malpractice. Get medical malpractice lawsuit settlements. Free consultation at 800-553-8082.

What to do if a doctor turns you away because you don't have health insurance?

If a doctor or medical facility turned you away as a patient because you don’t have health insurance, call a medical malpractice lawyer Phoenix relies on to discuss your legal options.

Why don't people have medical insurance?

Perhaps they can’t afford to pay for it or they’re in-between jobs and waiting for their new health coverage to take effect. Unfortunately, accidents are never convenient, and they can happen when someone doesn’t have insurance to pay for treatment.

Why do doctors refuse medical care?

The most common reasons include the following: Patients are seeking narcotics because they are addicted to that drug. There is no illness present. A patient is destructive or dangerous. The doctor’s office has no openings and is no longer accepting new patients for basic care.

What is the law that requires doctors to see a patient who is in active labor?

The Emergency Medical Treatment and Active Labor Act. This is a federal law that requires all doctors and medical facilities to see a patient who is suffering from a medical emergency or is in active labor even if the patient has no ability to pay the anticipated bill.

What happens if you refuse emergency treatment?

If your medical condition seriously worsened because you were refused emergency treatment, you may be entitled to compensation for your damages. A personal injury attorney can review your case and offer an opinion as to whether or not you have grounds for a lawsuit. Right to Refuse.

What to call a personal injury lawyer?

Call a personal injury attorney if you have concerns about medical care that was denied to you. An important part of a lawyer’s job is to help determine whether medical care was legally denied or if there was a gross negligence.

Can a doctor refuse to treat a homeless person?

While a doctor has every right to deny treatment for various reasons, they can’t refuse to treat a person ...

Why is it important to take into deliberation the reasons for health insurance denial?

It is necessary to take into deliberation the reasons for health insurance denial. Accurate knowledge helps you to take healthy measures and prevent denials. The insured person may visit the website of the insurance company or contact the call customer service. You must understand the legal terms and ways to deal with the case.

How many forums can an insured person pursue a case?

Every insured person has the legal right to pursue the case at two forums – internal and external. You may ask the company to review the case thoroughly. You may go to the third party for justice if the insurance company is canceling your appeal repeatedly. You will need the help of a lawyer to push proceedings in the court.

What does "denied claims" mean?

Denied claims mean that insured person cannot receive the medical coverage. The firm raises some serious objections. There could be any reason for the claim denial such as wrong or missing information about billing. Insurance firms explain the core cause for insurance denial.

What is written explanation of denial of insurance?

Written Explanation. It is the legal responsibility of insurance company to give the written explanation of the insurance denial. The explanation also includes the procedure of appealing to restore the coverage. You have limited time to file an appeal.

What are the responsibilities of a lawyer?

All responsibilities fall on the shoulders of a lawyer whom you hire to defense your objectives. There are numerous categorize of the lawyers. They are specialists in different domains. Hire a lawyer who has deep knowledge about insurance firms, insurance denials, and methods to recover insurance.

Can you get health insurance if you are out of network?

People may not get the benefits of health insurance if they utilize out-of-network services. The claim automatically denied when they go against the clauses of the insurance agreement. The insurance company may not facilitate the insured person if he/she is living in a foreign country and fells ill.

Do you need a referral for insurance?

The insured patient should get a referral from their family doctor. It is prerequisite of some insurance companies. The absence of referral on file may cause the rejection of health insurance.

Why are foundations understaffed?

Because such organizations often rely primarily on funding from individuals, or limited-term grants from foundations , they are typically understaffed and quite busy. You are not guaranteed help from any of them, and may need to do some calling around or waiting before one has an opening.

What is nonprofit legal services?

Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, and so on. Such organizations might also coordinate getting pro bono (free) help from attorneys in private practice.

What are the federal grants for civil cases?

Federal grants fund a national network of legal service offices providing free legal help in civil cases to low-income people. Staff attorneys and experienced paralegals can help with divorce, landlord-tenant, subsidized housing, public assistance, Social Security, and unemployment cases. These lawyers may also know about non-legal resources like temporary housing, domestic violence shelters, and food banks.

What amendment protects criminal defendants?

By Brian Farkas, Attorney. Updated: Jul 23rd, 2020. Under the protections of the Sixth Amendment of the U.S. Constitution, criminal defendants are generally entitled to legal counsel if they cannot afford a lawyer of their own.

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

Does legal aid help with income?

Most legal aid offices help only people with incomes below a certain level. Some programs also consider all your assets, no matter what your income. Search the Internet or your local phone directory for “legal services” or “legal aid” in your city. Most federally funded legal services offices will not, however, ...

Do law schools have clinical programs?

Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community.

Why can't a doctor treat a patient?

A doctor can refuse to treat a patient because: The doctor’s practice is not accepting new patients. The doctor doesn’t have a working relationship with your health insurance company. The doctor chooses not to treat patients with the illness or injury you suffer from. You can’t pay for the costs of treatment.

What to do if you are denied treatment by a doctor?

If you’ve been denied treatment by a hospital or doctor, you need to know about medical malpractice and your right to seek compensation.

What is an emergency medical condition?

EMTALA defines an emergency medical condition as one that occurred suddenly, with symptoms such as severe pain, psychiatric disturbance, or symptoms of substance abuse, where lack of emergency care could result in: placing the health of the individual (or unborn child) in serious jeopardy.

What laws regulate emergency treatment?

Federal Laws Regulate Emergency Treatment. Before the enactment of civil and patient’s rights laws, patients who couldn’t pay were often refused treatment or transferred (“dumped”) at public hospitals even when they were in no condition to be moved. Today, hospitals with emergency departments that qualify for Medicare are mandated by state ...

Where does refusal of medical treatment occur?

Refusal of medical treatment might occur in emergency rooms and urgent care clinics. Typically, soon after you arrive, a triage nurse talks to you about your symptoms, then checks your breathing, pulse, blood pressure and temperature. The triage nurse must determine how urgent your injury or illness is compared to other patients waiting to be seen.

Can you see an emergency doctor if you don't have a medical emergency?

Unless the hospital has a legitimate reason to deny treatment, you will still be able to see the emergency room doctor even if you don’t have a medical emergency, although it can take hours to be seen if more critical patients arrive before you’re seen.

Who sued Providence Hospital?

The family of Marie Moses-Irons sued Providence Hospital and Dr. Paul Lessem for negligence in violation of EMTALA. The lawsuit alleges the hospital was negligent in releasing Moses-Irons’ husband Howard, who murdered his wife ten days after he was released from the hospital.

Why refuse obese patients?

Refusing an obese patient because they would be better treated by someone else is a different story. So now on to the law. Existing case law conveys the well-established default rule that initiation of the doctor-patient relationship is voluntary for both parties.

Who is Holly Fernandez Lynch?

Holly Fernandez Lynch. Holly Fernandez Lynch, JD, MBE, is the John Russell Dickson, MD Presidential Assistant Professor of Medical Ethics in the Department of Medical Ethics and Health Policy at Penn’s Perelman School of Medicine.

Can a doctor refuse a patient?

In addition, the Americans with Disabilities Act limits a physician’s ability to refuse a patient, as recognized by the Supreme Court, and the Rehabilitation Act of 1973 may also be relevant in some cases. The bottom line is that some types of discrimination against patients are legally permitted and others aren’t.

Is weight discrimination a disability?

In some of the more progressive states, and potentially even under the ADA, discrimination based on weight might in fact be impermissible, that is if obesity is considered a disability or a medical condition (which it very plausibly could be, depending on severity).

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Can a doctor be found negligent for failing to order a test?

Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly.

Can MRIs cause serious injuries?

Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.

Is medical malpractice a reward?

Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.

Is a hospital liable for malpractice?

Hospital Malpractice. In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, ...

Federally Funded Programs

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Federal grants fund a national network of legal service officesproviding free legal help in civil cases to low-income people. Staff attorneys and experienced paralegals can help with divorce, landlord-tenant, subsidized housing, public assistance, Social Security, and unemployment cases. These lawyers may also kn…
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Charitable Organizations Serving Particular Populations

  • Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, an…
See more on lawyers.com

Pro Bono Programs and Bar Associations

  • Lawyers' bar associations exist at the state and local levels, and often provide low-cost or no-cost legal resources to litigants. Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factor...
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Law School Clinics

  • Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community. Some law schools have very standard clinics, like criminal defense or housing re…
See more on lawyers.com

Courthouse Facilitators

  • Increasingly, county courthouses have facilitators on staff to help people process their legal claims. Check with your local bar association or courthouse to see what's available. A courthouse facilitator can at least help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
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Low-Cost Legal Programs

  • It's easy to have too much income to qualify for legal services, yet still be unable to afford a private attorney. There are programs to help people who fall into this group. Telephone hotlines, for example, may charge by the minute. Or, look for sliding-fee programs to get you the advice and representation you need at the lowest price possible. The New York City Bar Association, for exa…
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