Delayed medical intervention in emergency situations may have life-threatening consequences. Hospital and physician are responsible.
Definition of Emergency
- Life-threatening
- Risk of organ loss
- Any situation requiring rapid intervention
Liabilities
- Failure to reject the patient (public or private)
- Rapid triage
- Referral to appropriate service
- 112 ambulance call
- Consultation
Common Mistakes
- Triage error (counting as not urgent)
- Referral delay
- Waiting (excuse of lack of space)
- Misdiagnosis (heart attack → stomach ache)
- Lack of communication
Hospital's Obligations
- Emergency service open 24/7
- Adequate personnel
- Equipped equipment
- Communication is a must
- Dispatch coordination
112 Ambulance Responsibility
- Affiliated to the Ministry of Health
- Service defect → full jurisdiction lawsuit
- Administration court
- Loss of time to resolve late arrival, wrong address
Supreme Court 13th HD and Council of State 10th Chamber
10. The Chamber and the 13th HD accept that "every minute is important" in emergency intervention and that high non-pecuniary damages will be awarded in cases where delay causes concrete damage.
Health law/malpractice lawyer is recommended.