Malpractice Attorney Serving Clients Near Dallas, Fort Worth, Plano, Arlington, Irving & North Texas
Hospitals take in millions each year, and their executives are well-paid to keep profits high. Too often, that means turning away or delaying care for patients without insurance — even though these hospitals also receive substantial public funding through Medicare, Medicaid, and tax breaks.
At Polewski & Associates in Dallas, TX, we represent victims of medical malpractice, including people denied emergency treatment in violation of federal law. Our founder, John Polewski, has decades of malpractice experience and is dedicated to holding hospitals accountable and fighting for families who have been wronged.
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“John and his staff were patient, informative, professional, proactive and followed up. John personally visited me in the hospital…”– Robin P.
The Legal Mandate to Provide Emergency Care
In response to past abuses, where uninsured individuals — including pregnant women in labor — were blatantly turned away or even transported off-site to avoid treatment obligations, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA). This federal law requires hospitals that accept Medicare or Medicaid funding to treat anyone who presents with an emergency medical condition, regardless of their ability to pay. Women in active labor must also receive medical care under the same statute.
Hospitals that violate EMTALA can face major penalties, including substantial fines and the risk of losing their eligibility for federal funding.
Tactics That Violate the Spirit — if Not Always the Letter — of the Law
Although the days of overt patient “dumping” are largely over, the practice continues in more subtle and insidious ways:
- Hospitals may make uninsured patients wait far longer than insured individuals, hoping they’ll simply leave out of frustration.
- Necessary diagnostic tests are also often postponed or not ordered at all.
- Some patients in genuine need never even see a doctor. Instead, they are quickly screened by a nurse and dismissed.
- In cases where a physician is involved, the visit may be so brief that it borders on neglect.
These behaviors not only compromise patient safety, but they also potentially violate federal regulations and may rise to the level of medical malpractice.
Holding Hospitals Accountable
The idea that wealthy hospitals, many of which benefit greatly from public funds, would deny care to critically ill or injured individuals because they lack financial resources is morally troubling. This conduct prioritizes profits over human lives, and it’s unacceptable in any healthcare system.
At Polewski & Associates, we believe these practices must be challenged in court. Our firm takes on EMTALA cases to hold hospitals accountable when they fail to provide emergency care to those in need. When a hospital is found to have violated federal law, they are often forced to reassess and change their policies, improving access to emergency care for everyone.
Why Choose Polewski & Associates?
Attorney John Polewski is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization — an achievement held by less than 2% of Texas lawyers. With over three decades of experience and a focus on medical malpractice and personal injury law, Mr. Polewski has represented victims of negligence with skill and determination. He and his team understand both the medical and legal complexities of EMTALA cases and have the courtroom experience to take on large hospital systems.
Schedule a Case Review Today
If you or someone you love was denied emergency care, you may have legal recourse. Call Polewski & Associates in Dallas, TX, today at 972.230.6200 for a free case evaluation.