FORMS OF LEGAL LIABILITY THAT MAY BE IMPOSED ON HOSPITALS FOR THE CONSEQUENCES OF DENYING EMERGENCY CARE DUE TO ADMINISTRATIVE OBSTACLES RELATED TO A PATIENT'S SOCIAL SECURITY COVERAGE, RESULTING IN DEATH OR DISABILITY

Abstract

Hospitals are obligated to provide emergency care to all patients, regardless of their socioeconomic status or the extent to which their health insurance is fully covered. Nevertheless, there are still cases where patients are denied emergency care due to administrative limitations in social security coverage, resulting in their death or disability. Regarding hospitals’ obligation to provide medical care and the potential legal consequences of such a refusal, this scenario raises important legal questions. The purpose of this study is to examine the rules and regulations that hospitals must follow when treating emergency patients, regardless of their social security status, and to identify the types of legal consequences hospitals may face when a patient dies or becomes disabled as a result of being denied emergency care. A normative legal research approach based on legal and conceptual frameworks was employed in this study. Primary, secondary, and tertiary legal sources were all considered in the subsequent qualitative analysis. According to the study’s findings, hospitals are legally obligated to provide emergency care services in accordance with a number of laws and regulations pertaining to the healthcare industry. If a patient suffers harm—such as death or disability—as a result of the refusal to provide emergency care under the social security system, the hospital may be held administratively, civilly, and criminally liable. Ensuring that patients’ rights to timely, appropriate, and non-discriminatory health care are upheld requires efficient oversight and strong law enforcement