The patient is mentally sound (A& x3) but in critical condition. The closest hospital is 1 mile away but the patient refuses to go to that hospital due to a poor encounter a couple years ago. The patient is willing to go to any other hospital, and cites one five miles away.

My partner argues: Bring the patient to that nearest hospital no matter what.

My argument: If mentally sound, and cannot be persuaded by us or the medical director, have the patient sign the “Against Medical Advice”, try to convince patient to go to next nearest hospital or bring patient to requested hospital if he/she insists. Nonetheless, if she/he loses orientation/consciousness, we would divert to that nearest hospital.

The matter at stake is the legal ramifications: my partner argues that we could be charged with manslaughter if we do not transport to the nearest hospital even though I argue that we could be charged with kidnapping since we are forcibly taking a patient to a destination that he/she does not want to go.

Any expertise on this matter is appreciated.

Finest answer:

Answer by A F
You want an answer from a lawyer not from YA. Your employer ought to offer such counsel but if not attempt a service like prepaid legal. You are appropriate you need to know in advance what your responsibilities and legal position are.

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