Legal Question in Medical Malpractice in United States

Does a hospital need authorization to transfer an ICU patient on life support to a long term accute care facility? They did this without as much as notifying me they had moved him. I never authorized this transfer, nor did I authorize they release his medical records to the recieving facility. I found out when I called in the morning to see how his night went that he was en route to a LTACF in another state! He passed away 3 weeks after arrival.


Asked on 11/18/15, 7:42 pm

2 Answers from Attorneys

Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry; and I extend my condolences on your family's loss. Often hospitals plan discharge of patients to other facilities once the medical status of the patient warrants the transfer. Typically, hospitals will at least advise family members of the anticipated transfer. Unfortunately, such patient transfers are often based upon whether insurance will continue to cover the hospital admission in light of the patient�s condition and needs, or if an alternate more economically feasible facility is deemed adequate to render the care required. Medical records are usually released to the receiving facility. Depending upon one's status to make decisions with regard to the patient's care, they may or may not be notified regarding patient transfer. If you feel the discharge of your loved one was premature and resulted in his passing, or that the care at the long-term care facility was somehow deficient resulting in his passing, please feel free to call me or one of my partners to discuss a potential claim. We will assist you in whatever way we can. (973)635-5400.

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Answered on 11/19/15, 5:59 am
Mel Franke Mel G. Franke, Attorney at Law

It is impossible to give informed advice without a detailed statement of facts and a copy of all relevant documents.

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Answered on 11/19/15, 1:53 pm


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