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Thank you for adding your voice to the last of our two discussion posts. Your post has a wealth of information but I will play devil’s advocate or defense for the hospital on one specific area.
You stated “In addition, this health care facility could as well be liable for negligence through failing to provide care.” Most hospitals have an on call physician, an active duty hospitalists as well as a full complement of nursing staff around the clock.
Given this reality, several questions come to mind.
If the Emergency Room was not on diversion, does any liability befall the hospital? Would 100% liability be assigned to the on call physician in the event of an adverse outcome?
Is it possible the hospitalists assessed the situation, stabilized the patient and contacted the on call physician to determine what he/she believes are the next steps that are in the best interest of the patient?
What if the on call physician was not a Maternal Fetal Medicine physician and thought he/she would do more harm to the patient than good and therefore made the decision to request the patient be transferred?
Thank you again for adding value to this discussion and I look forward to your replies.