1. We think he has been neglected by the hospital. What can we do to help him live and not be further neglected?
If you feel that he has been neglected, he and you can decide to have him moved
to another hospital. A patient has the right to refuse treatment and/or to be relocated to a hospital of his choice. So if he is willing to to do, then a hospital should take him, yes.
Now you ask whether
another hospital will take him? If he has insurance
or a state-sponsored program, then likely yes. If he does not, then another hospital may be less inclined to do so unless he is in dire need of emergency care and is not getting any at another hospital. Emergency Medical Treatment & Labor Act
. By said treatment, it does not mean "bad" treatment, but any treatment. 2. If he were to check himself out and go to another ER, do they have to treat him?
According to Emergency Medical Treatment & Labor Act
, the answer is yes
, if he needs emergency care. This puts him into an awkward situation - he may not be able to MANDATE that another hospital takes him, but if he checks himself out and shows up on their doorstep, they may have no choice but to take him, but not for the entire treatment and only if he is stabilized
. So this is a risk, of course.3. Might they be more likely to take him if he signed a waiver not to hold them responsible?
No, actually. A hospital chooses whether or not to take someone based on the following criteria:
1) If shows up on the doorstep, then whether or not of emergency care;
2) If asks for a transfer, on whether or not he can afford it.4. We don't believe in bring lawsuits unless there HAS DEFINITELY BEEN NEGLECT/MALPRACTICE.
Agreed. Just so you know, medical malpractice has the following basic elements: (1) a duty on the part of the defendant [to conform to standards set by the medical field]; (2) a breach of that duty; and (3) consequent injury. Illinois Central R.R. v. Vincent, Ky., 412 S.W.2d 874, 876 (1967).
I hope this helps and clarifies. Good luck.
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