Legal Aspects of Health Management

Satisfactory Essays
Amber DesRosiers
Case brief 1
Hastings vs. Baton Rouge Hospital
January 31, 2015
M. Nichols
Bryant Stratton Southtowns College
Legal aspect of health management

FACTS- David and Audrey Hastings- son was a stab victim and rushed to hospital and passed away. Baton Rouge General Hospital- charged with malpractice in trying to transport an unstable patient to another hospital for care.

PROCEDURAL HISTORY- Young stab victim was brought into the hospital on March 1981, who had no vital signs. The ER doctors on staff tried to resuscitate. He started to gasp and they installed a Emerson pump into chest to help drain air and blood from chest. 20 minutes his vital signs were back to normal. DR. Gerdes wanted to do a thoracotomy but was unqualified to do so. They then called a DR. who would be able to perform the surgery, Dr. Mc Cool. Dr. Gerdes explained to Dr. Mc cool that the patient was in the hospital and required a thoracotomy, but patient did not have insurance. Dr. Mc Cool wanted the patient to be transferred to Earl K Long Hospital to get better care. The Dr. explained to Dr. Mc Cool that he could not transfer patient and Dr Mc Cool said transfer him. Phone call was then ended and the staff had to make a decision on what to do. The Dr and the nurse were not happy about having to transport this patient. They called for the ambulance. When the paramedics showed up they felt uncomfortable in transporting this type of patient. They had to remove the Emerson pump, when doing so patient started to bleed. Vital signs went down and he died of cardiac arrest.
ISSUES- Was Dr. Mc Cool told of all the conditions of the patient? Should the Dr. on call at hospital called someone higher up to discuss the situation better?
HOLDING- Reading the proceedings Dr. Mc Cool was not told all the conditions of the patient. If the Dr. on call at the hospital did not like the call the Dr. made he does have the right to call the supervisor that is higher up.

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