When someone walks into an emergency room, they expect help, not hesitation. However, in too many cases, patients needing immediate care are turned away, delayed, or transferred without being properly stabilized. These aren’t just mistakes—they could be violations of federal law.
An EMTALA violation is the result of a hospital refusal to treat an emergency. If this happened to you or a loved one, you might be able to sue a hospital for an EMTALA violation.
This blog will explain EMTALA violations and how to report them. Poulos & Cavazos is here to help – we focus primarily on medical malpractice and hospital negligence in New Mexico. We’re ready to stand with you. Contact us online or call us at 575-523-4444 to get started.
Your Experience Matters
You Went to the ER for Help. Being Turned Away Should Never Happen.
Being sent home, left waiting, or moved to another hospital before you were stable can leave you feeling dismissed, frightened, and angry.
Those feelings are valid. Poulos & Cavazos will listen to what happened in the emergency room, explain your rights in plain language, and help you decide what comes next, with no pressure and no judgment.
Schedule A Free ConsultationWhat Is the EMTALA?
An EMTALA violation occurs when a Medicare hospital fails to provide a screening exam, stabilizing treatment, or proper transfer for emergency patients, regardless of insurance or status. Violations include delaying care for payment, not stabilizing psychiatric or labor emergencies, or transferring unstable patients. Penalties include large fines and Medicare funding loss.
In 1986 and 1987, research at Cook County Hospital in Chicago indicated that many transfers into the hospital were due to lack of insurance. The research determined that transferring patients for financial reasons delayed care and jeopardized the patient’s health.
The EMTALA was created to prevent the practice of private hospitals refusing to treat an emergency and transferring uninsured or low-income patients to public hospitals without considering their condition or stability.
Know Your Rights
Suing a Hospital for an EMTALA Violation: What New Mexico Patients Should Know
You may be able to sue a hospital for an EMTALA violation when its emergency room fails to screen, stabilize, or safely transfer you. These points matter most when deciding what to do next.
- EMTALA covers private hospitals too: it applies to hospitals that participate in Medicare and protects every patient who comes to the ER, regardless of insurance or ability to pay.
- The EMTALA claim is against the hospital: federal law gives patients a civil claim against the hospital itself, while claims against individual ER doctors are usually handled under New Mexico malpractice law.
- Reporting is not the same as recovering: a complaint to CMS can trigger an investigation and penalties, but compensation for your losses comes through a civil claim.
- Time is limited: EMTALA lawsuits generally must be filed within two years of the violation, so saving discharge papers, transfer forms, and ER timestamps early protects your case.
¿Qué es una infracción de la EMTALA?
Una violación de EMTALA ocurre cuando un hospital o médico no cumple con la Ley de Tratamiento Médico de Emergencia y Trabajo de Parto Activo.
La EMTALA establece tres requisitos distintos para los hospitales que participan en Medicare.
Medical Screening Examination
En primer lugar, el hospital debe realizar un examen médico de detección (EME) a toda persona que acuda al hospital y solicite asistencia para determinar si existe una afección médica de urgencia (EMC).
An EMC is defined as a condition that, without medical attention, can reasonably result in the following:
- Serious jeopardy to the patient’s health,
- Serious impairment to bodily functions, or
- Serious dysfunction of bodily organs.
If no MSE is provided or it’s done superficially and fails to identify a serious condition, the hospital may violate EMTALA.
Stabilize the Patient
Second, if the medical screening reveals an emergency medical condition, the hospital is legally required to provide treatment that stabilizes the patient’s condition.
Stabilizing means the patient must be treated until:
- Their condition no longer poses an immediate threat,
- Their vital signs are stable, and
- The condition is unlikely to deteriorate during or after transfer.
Failing to treat a patient appropriately can have devastating consequences. If a patient’s condition worsens because the hospital did not provide proper stabilizing care, this may be an EMTALA violation.
Transfers
If a hospital lacks the necessary resources to treat the emergency condition, it must arrange an appropriate transfer to another facility. This transfer must be:
- Medically justified,
- Preceded by stabilizing treatment, and
- Accepted by the receiving facility with available capacity.
The hospital must also ensure that the patient is transferred using appropriate medical transportation with qualified personnel. Likewise, hospitals with the required capabilities cannot refuse to accept an EMTALA patient transfer if they have the capacity to treat them.
Además, la EMTALA prohíbe a los hospitales intentar retrasar el tratamiento para determinar la situación del seguro del paciente o su capacidad de pago.
Si un hospital infringe la EMTALA, es estrictamente responsable de cualquier pérdida que usted sufra a causa de sus infracciones.
A diferencia de una infracción de la EMTALA, una reclamación por negligencia requiere la prueba de negligencia para obtener una indemnización. Las sanciones por infracción de la EMTALA pueden ir desde la responsabilidad civil hasta la pérdida de la financiación de Medicare.
Cómo denunciar una infracción de la EMTALA
If you believe you or a loved one was improperly denied emergency care, you can file a complaint. Reporting a suspected EMTALA violation is critical to holding hospitals accountable and protecting future patients. Here’s how to do it:
- File your complaint. Anyone can report a suspected EMTALA violation to the Centers for Medicare and Medicaid Services. You don’t need to disclose your identity. Complaints can be filed anonymously and remain confidential throughout the process.
- Include key information. Provide the name of the hospital, date and time of the incident, a detailed account of what occurred, and any documentation or witness names (if available).
- Submit your complaint. You can file your report online with CMS or by phone with New Mexico’s State Survey Agency.
- Wait for the investigation. Once the complaint is submitted, the appropriate agency will start investigating your complaint to determine whether the hospital violated federal law.
While patients have no strict deadline for reporting suspected EMTALA violation, hospitals must also notify CMS or the state survey agency within 72 hours if they suspect that an individual was improperly transferred to their facility. Patients can file complaints at any time, ideally as soon as possible after the incident.
If you need help filing your EMTALA complaint, the attorneys at Poulos & Cavazos are here to guide you through every step.
For You and Your Family
If Someone You Love Was Denied Emergency Care, You Do Not Have to Face This Alone.
Whether your family member was discharged too soon, transferred while unstable, or never properly examined, the questions that follow can feel overwhelming.
We can help you request the ER records, understand what the hospital was required to do, and talk through your options at a pace that works for your family. Your consultation is free and confidential.
Schedule A Free ConsultationWhat Are Examples of an EMTALA Violation?
EMTALA violations are not always apparent at first glance. Some hospitals may try to disguise non-compliance under routine procedures or policies. However, if a hospital fails to screen, stabilize, or appropriately transfer a patient with an emergency medical condition, they may be in violation.
Here are some real-world examples of conduct that could constitute an EMTALA violation:
- Turning away an uninsured patient in the emergency room,
- Performing an inadequate medical screening,
- Discharging a patient prematurely before stabilization,
- Transferring without medical justification, and
- Refusing to accept a transfer when capable.
If you recognize any of these situations—especially if you or a loved one were harmed—you may have grounds to sue a hospital for an EMTALA violation. The experienced medical malpractice attorneys at Poulos & Cavazos can help you understand your legal options and pursue the justice you deserve.
Straight Answers
More Questions About EMTALA Claims in New Mexico
Deciding whether to sue a hospital for an EMTALA violation raises practical questions about deadlines, reporting, and how these claims fit with malpractice law. Here are straightforward answers.
Under federal law, an EMTALA lawsuit generally must be filed within two years of the date of the violation. Related New Mexico malpractice claims can carry different deadlines, so it is important to have an attorney review your timeline as soon as possible.
Often, yes. An EMTALA claim focuses on whether the hospital met its federal duties to screen, stabilize, and properly transfer you. A malpractice claim focuses on whether the care itself met the accepted standard. The same ER visit can support both.
No. A CMS complaint can lead to an investigation, fines, or other action against the hospital, but it does not pay you for your injuries. Recovering medical costs, lost income, and other losses requires a separate civil claim against the hospital.
Contact a Lawyer at Poulos & Cavazos Today to Discuss If You Can Bring an EMTALA Violation Lawsuit
Many patients know about medical malpractice claims in civil court. However, not everyone knows about EMTALA violations that can warrant civil claims against hospitals and other emergency medical services.
Our medical malpractice attorneys at Poulos & Cavazos, LLP are committed to victims of hospital EMTALA violations. We have recovered over $500 million for injured patients and their families across New Mexico. We are confident in our ability to aggressively represent and protect emergency room patient rights.
Contact a medical malpractice attorney at Poulos & Cavazos today to discuss whether you can bring an EMTALA violation lawsuit. You can also call us at 575-523-4444.
Serving Southern New Mexico
Holding Hospitals Accountable for EMTALA Violations Across Southern New Mexico
When an emergency room refuses to screen, stabilize, or safely transfer a patient, the harm can reach families far beyond a single hospital. Poulos & Cavazos represents clients throughout Las Cruces, Alamogordo, and Deming. Explore the map below to see the areas we serve, then reach out for a free, confidential case review.
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Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
