Failure to Transfer Care to an Appropriate Medical Facility

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. 

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.