Do I have a case if I was released from a hospital with a life threatening condition because I don’t have health insurance??

I was diagnosed with 2 brain aneurysms, one behind my right eye and the other on the basilar artery in the back of my brain. The hospital discharged me without doing surgery because I have no medical insurance. I cannot work, drive or do other basic functions of normal day. They told me that the aneurysm on the basilar artery, if it ruptured, would cause coma and death.

Asked on July 21, 2012 under Malpractice Law, South Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless your medical condiiton is so severe requiring immediate medical care and surgery the medical facility that you were in is under no obligation to have you remain there so that you can have surgery whether you have medical insurance or not.

With that being said, I do not see a factual or a legal basis for you to have a claim against the medical facility that you have written about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.