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Have you or a loved one experienced an injury or illness due to a negligent hospital or its staff’s failure to transfer care to an appropriate medical facility? This failure to ensure proper transfer of care can have serious consequences, including delayed treatment, inadequate medical attention, and potential harm to your health.
At Garling & Co, we specialise in assisting people across NSW in winning their Hospital Negligence Claims and securing the compensation they deserve.
During a medical emergency, the objective is to provide medical attention and care as soon as possible. In fact, paramedics that transport patients by ambulance routinely transport patients to the nearest public hospital. This makes sense given that the objective is the provision of emergency life-saving medical treatment to patients. However, not all hospitals are equipped with specialised medical practitioners that some patients may require. For those patients, transferring them to another facility for ongoing care and treatment is necessary. Of course, the patient must first be resuscitated or provided with initial treatment to be in a stable condition so that they can be safely transferred to another hospital.
For example, a child may present to a public hospital that lacks appropriately qualified paediatric specialists to take over the patient’s care, such as a cardiology or neurosurgical teams. Transferring the child to a paediatric tertiary facility could be crucial for the child’s health outcome and, in some cases, the child’s survival.
Suppose you or a loved one are living with ongoing health issues due to the failure of a public hospital to transfer your care to another facility for appropriate treatment. In that case, you may be entitled to compensation. Contact the personal injury specialists at Garling and Co Lawyers for a free consultation to discuss your legal rights and potential entitlements to compensation.
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Navigating hospital negligence claims related to the failure to transfer care to an appropriate medical facility requires specialised legal expertise. At Garling & Co Lawyers, we have a skilled team with extensive experience in handling such cases. We understand the complexities involved and are here to provide expert guidance tailored to your specific situation.
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Yes, a patient may refuse to be transferred to a second hospital or medical facility. This may result in the patient not receiving the level of care and treatment required. If the patient suffers injury due to their refusal to be transferred to another facility for care and treatment against medical advice, it would be difficult to allege that the injuries were caused by negligence on the part of the hospital and there may be an argument that the patient’s refusal to be transferred caused or contributed to the injuries.
If you have experienced a delay in receiving medical review and treatment at a public hospital, you may report your experience to that hospital so that the hospital could investigate the level of care that was provided to you. You may also submit a complaint to the Health Care Complaints Commission of NSW. Those avenues enable the hospital to identify and address any deficiencies is their guideline or protocols so that your experience is not experienced by another patient.Â
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If you have suffered injury due to a delay in receiving medical review and treatment at a public hospital, you must contact a medical negligence specialist lawyer as soon as possible. A delay could result in the loss of important evidence such as witnesses or medical records. More importantly, medical negligence proceedings must be commenced within three years of the time at which you discovered your injury, that your injury is the fault of the hospital and that your injury is worth suing over. If legal proceedings are not commenced within a timely fashion, you may be statute barred from commencing legal proceedings for compensation for your injuries.
Yes, a patient may request to be transferred to another facility. If the transfer is against medical advice, this must be explained to the patient. If the patient insists on transfer and the transfer is against medical advice, the hospital may transfer the patient but ask the patient to sign a document acknowledging that the transfer is against medical advice. If the patient suffers injury due to their request to be transferred to another facility against medical advice, it would be difficult to allege that the injuries were caused by negligence on the part of the hospital and there may be an argument that the patient’s request for transfer against medical advice caused or contributed to the injuries.
Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of the hospital, and the injury is worth suing over.