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Statute Of Limitations For EMTALA Lawsuit

Legal Team

Medical TreatmentThe Emergency Medical Treatment and Labor Act requires a lawsuit be filed within two years from when the violation occurred. EMTALA is a federal law that requires treatment for anyone coming to an emergency room. It mandates that the patient must be stabilized and treated despite their insurance’s ability to cover treatment or the patient’s ability to pay for the visit. This law was enacted in 1986. Even better is the fact that the Affordable Care Act has provided health insurance to so many more people that it’s becoming even more rare to see uncompensated care.

An EMTALA lawsuit must be filed within two years from the date of the violation. Unlike the FTCA, an EMTALA claim does not have exceptions to toll the two-year statute of limitations.  The two-year EMTALA statute does not appear to be tolled for minors or those with disabilities.  Further, there is no discovery rule.   And it is unlikely that the fraudulent concealment doctrine would apply.

If you need assistance understanding the statute of limitations for EMTALA or would like to determine how much time you have left to file a lawsuit gives us a call at (505) 242-7200. Our attorneys will be able to determine if you have a case and if it is worth filing. The Davis Kelin Law Firm has a strong understanding of EMTALA cases. We are a personal injury law firm in Albuquerque, New Mexico.

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