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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a friend in a Charleston, W. Va. hospital who is going

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I have a friend in a Charleston, W. Va. hospital who is going to die if something doesn't change SOON. He had lapband surgery three weeks ago and INFECTION has resulted in him being opened up and supposedly cleaned out, now waiting on Infection Specialist and original surgeon to confer to proceed with perhaps another surgery. He is about 40'ish and obviously obese, however, appeared relatively in good health. They are afraid to insist on him being moved - would another hospital take him - they would probably sign a waiver if another hospital would take him - and what's going to happen with the care until that can be arranged? So many question/concerns........
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your friend's situation. What questions/concerns can I address for you in regards XXXXX XXXXX matter, specifically?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

1. We think he has been neglected by the hospital. What can we do to help him live and not be further neglected?


 


2. If he were to check himself out and go to another ER, do they have to treat him?


 


3. Might they be more likely to take him if he signed a waiver not to hold them responsible?


 


4. We don't believe in bring lawsuits unless there HAS DEFINITELY BEEN NEGLECT/MALPRACTICE.

Expert:  Ely replied 1 year ago.
B,

Thank you for your reply. Please allow me just one moment while I am typing out your answer...
Expert:  Ely replied 1 year ago.
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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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