Hospital Refused to Treat Me — What Are My Rights?
No hospital may refuse emergency treatment in South Africa — it violates Section 27. You can report it and claim damages. Here is exactly what to do right now.
FreeSouth African Law2 related guides
If it is a life-threatening emergency:
Call 10177 (EMS) or 10111 (police) immediately. Do not wait. Document the refusal — date, time, names — and escalate afterward.
Direct Answer
Section 27(3) of the Constitution absolutely prohibits any person from being refused emergency medical treatment. No hospital — public or private — may turn away a patient in a medical emergency, regardless of ability to pay.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
“No one may be refused emergency medical treatment.”
National Health Act 61 of 2003
Section 5
“Emergency medical treatment — a health establishment must provide emergency medical treatment to every person in need of such treatment, to the best of its ability and capacity, on request.”
Immediate Steps
What to Do Right Now
1State clearly that this is an emergency and invoke your constitutional right: "I have a constitutional right to emergency medical treatment under Section 27(3) of the Constitution. I am requesting this treatment now."
2Ask to speak to the senior doctor or hospital manager on duty. Refusal at the admissions desk does not mean the hospital has officially refused you — escalate immediately.
3Document everything: name of the person who refused you, the time, what was said. If you have a phone, record a voice note or video.
4After the emergency is resolved, lodge a formal complaint with the hospital's patient complaints manager (required by law), the provincial Department of Health, and the Office of Health Standards Compliance (0800 032 066).
5For systemic patterns of refusal in public hospitals, contact the SAHRC (011 877 3600) which investigates health rights violations.
What to Say
Exact Words to Use
“"Section 27(3) of the Constitution prohibits anyone from being refused emergency medical treatment. I am demanding treatment now. If you refuse, I am recording this refusal and will report it to the Office of Health Standards Compliance and the SAHRC."”
Tone: Urgent, clear — to the senior staff member present
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Does the right to emergency treatment apply to private hospitals?
Yes. Section 27(3) applies universally — "no one may be refused emergency medical treatment" is not limited to public hospitals. After the emergency is stabilised, the hospital may then address payment arrangements, but they cannot withhold emergency stabilisation because of inability to pay or lack of insurance.
What if I was refused routine medical care, not emergency treatment?
Section 27(3) specifically covers emergency treatment. Access to routine healthcare is also a constitutional right (Section 27(1)(a)) but the obligation to progressively realise this right means it is harder to enforce immediately. However, refusing routine care based on race, gender, or other discriminatory grounds would be actionable.
Get Help Now
Resources & Helplines
Emergency Medical Services
10177
National EMS emergency number.
Office of Health Standards Compliance
0800 032 066
Complaints about healthcare quality and refusal of treatment. Free.
SAHRC
011 877 3600
Health rights violations and systemic refusal complaints.
Knowing the law is step one. The Advocate has scenarios on Health — practise the exact words to use, with audio, law references, and Scripture. Free to start.