Patient Injured During Transfer. Can I Sue the Hospital?

Patients are frequently transferred among health care facilities.  These transfers can occur for a number of reasons.  For instance, if an elderly person requires rehabilitation services following hip replacement surgery, the patient may be transferred from a hospital to a nursing home or rehabilitation facility in order to obtain these services.  Sometimes, when a patient is transferred from one health care facility to another facility, the patient develops an injury during the transfer.  Such an injury can be the result of medical malpractice when the patient is transferred without consent.  If so, the physician and the health care facility where the patient was transferred from may be liable for the injury.

How an Injury May Occur During Patient Transfer

There are several ways a patient can develop an injury while being transferred. Generally, the injury arises when a complication ensues during the transfer which is either not treated based upon the inability of the attending health care professionals to do so, or where the complication is ignored.  Brain damage, organ failure or even death may occur in such an instance.

Possible Damages

Depending upon the nature of the underlying medical condition, there are various risks of injury when a patient is transferred.  Some of these risks include:

• Stroke
• Heart attack
• Hemorrhage
• Brain damage
• Organ failure
• Permanent disability
• Wrongful Death

Legal Implications

When a patient undergoing a transfer incurs injury or death, there may be underlying medical malpractice.  Initially, failure to obtain the patient’s consent to the transfer and any risks associated with the transfer can potentially lead to a malpractice cause of action based upon lack of informed consent.  Additionally, medical malpractice based upon a non-consensual transfer can rest upon a failure of the medical doctor to take necessary precautions prior to the transfer.  For instance, a patient may be medically unstable and therefore should not be transferred until the patient’s status improves.   Moreover, where a patient develops a problem while en route but the problem is ignored, not promptly attended to, or not attended to properly, there can be a medical malpractice claim.  Furthermore, a patient may have a potential law suit against not only a physician, but also the hospital or facility from where the transfer was made.  In such an instance, nurses, technical assistants and other personnel may be implicated in the malpractice lawsuit.     

Getting Compensation Through a Medical Negligence Suit

In the event that one believes that an injury sustained during a non consensual transfer from one location to another was based upon medical malpractice, one may contemplate filing a malpractice law suit against the doctor in charge. 

In order to prevail in a malpractice case, one must generally demonstrate the following:

1. The physician owed the patient a duty to provide adequate, appropriate medical care
2. The physician failed to provide this care (Medical Negligence)
   
3. The physician’s failure caused the patient’s injury
4. The patient incurred damages as a result.

In order to demonstrate these components, one must provide evidentiary support.  Such support includes medical records, witness accounts and expert opinions.  Additionally, some jurisdictions require a pre-lawsuit filing certification from a medical expert that the physician breached the standard of care which resulted in the patient’s injury and damages. 

Get Legal Advice from a Qualified Medical Negligence Lawyer

When contemplating the filing of a medical malpractice case arising out of a non consensual transfer, it is important to consult with an experienced attorney.  Not only can this attorney evaluate the legal validity of the claim, but also the attorney can determine the likelihood of success of the claim.  In addition, an experienced medical malpractice attorney in the area of medical malpractice involving non consensual transfers possesses the requisite level of expertise to correlate the injury with the type of damages recoverable. 

For instance, compensatory damages may be available.  This type of damages is intended to compensate the patient for the injury.  In addition, punitive damages may be available as a remedy.  Punitive damages are intended to punish the wrongdoer and seek to prevent further similar occurrences of the malpractice. 

An experienced attorney can assess how the physician’s actions contributed to the severity of the injury.  Moreover, one may have alternative legal options one is unaware of, and the attorney can assist in identifying these options.  Finally, an experienced attorney will be aware of the current medical and legal trends and be able to manage the case accordingly.