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Failure to Transfer Care to an Appropriate Medical Facility

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.

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Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

5 star client rating icon

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

We Specialise in Failure to Transfer Care to an Appropriate Medical Facility Claims

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.

Types Of Claims:

  • Delayed Transfer Compensation 
  • Inadequate Medical Attention 
  • Failure to Consult or Refer to Specialists 
  • Misdiagnosis or Delayed Diagnosis

 

Talk to Garling & Co Lawyers today: 

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. 

To discuss your case with our highly knowledgeable lawyers, please reach out to us on 1300 851 201 or via email. Alternatively, you can fill out our Confidential Case Assessment form, free of charge and without any obligation. Expect a response within 24 hours as we provide the support and guidance you need during this challenging time.

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

FREE Confidential Case Appraisal

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  • Check if you’re eligible for compensation

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Failure To Transfer Care To An Appropriate Medical Facility Frequently Asked Questions

1. Can a patient refuse to be transferred to another hospital?

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.

2. What are the legal consequences for failing to report hospital negligence in a timely manner?

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. 

 

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.

3. Can a patient request a transfer to another hospital?

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.

4. How long do I have to make a hospital malpractice claim?

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.

More Faqs
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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