severe break on right ankle , both bones broke , half the skin ripped , foot was just hanging on to leg ,was one hour before i got to hospital , laid in emergency on pain drugs and seditive , was told there was nothing they ( hospital ) could do for me , instead of putting me in ambulance from there, sent for ambulance in closest town , another three hours i laid in emergency with no help , finally got shipped to another hospital which is another hour away , never got into surgery until nine hours after accident , surgeon told and wrote in writing that if i had gotten there when it happened he could saved my ankle / leg , but because it was so long exposed to air , my muscle had turned black , because of this he couldnt help me . i feel i have a case against first hospital for lack of response time , any help with this would be appreciated , your story or law for this type of negligence ?
Joe B
Sounds like it to me, look up your states EMTALA requirements.
This would be an EMTALA (Emergency Medical Treatment and Active Labor Act) claim, check the elements for a valid claim.
You can always seek council if this is out of your league.
There's 3 elements that must be met, I believe to transfer you, you would need to be in a stable condition, which you weren't.
Even if they didn't have the capability, given the severity and waiting time, someone was negligent along the way.
I wonder how many of thumbs down, actually know the elements of EMTALA, I'm guessing maybe 1?
MikeGolf
If your injuries were beyond the capabilities of that hospital then you cannot sue them for not doing the impossible.
It sounds like your injuries occurred in a remote area. And the first responders made a mistake by sending you to a hospital that was not equipped to treat severe trauma injuries.
Actions have consequences
The first hospital obviously could not handle such a severe case. They arranged for transport to another hospital, that's the extent of what they can do. We can't comment on the individual delays, one would expect that the delay in the first hospital was due to triage needs and probably the time it took to diagnose the problem (yes, it takes time, even when it appears obvious).
There is no negligence, the accident caused the injury and damage, not the hospital.
Bud
I would be contacting the city, county and state health boards. A hospital that can't help with a compound fracture? Where was the Dr? I think you have a great suit, but not for neglect, I would chase the incompetence angle. Sounds like you were handled by a very ill-equipped staff. What would they do with a car accident with multiple people with compound fractures? I think the state will help you and be a complainant with you. I hope you open someones eyes with this.
Orignal From: Tips: is this negligence on the hospital ?
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