Texas PJC Malpractice 2022

PJC 51.20

M EDICAL M ALPRACTICE —T HEORIES OF D IRECT L IABILITY

1. the patient (or a legally responsible person acting on the patient’s behalf) is informed of the hospital’s stabilization obligations and of the risk of transfer, and the patient requests transfer to another medical facility in writing; or 2. a physician signs a certification indicating that based on the infor mation available at the time of transfer, the medical benefits reasonably expected from appropriate medical treatment at another medical facility out weigh the increased risks of transferring the individual and, in the case of labor, the unborn child; or 3. if a physician is not physically present in the emergency department at the time an individual is transferred, a qualified medical person in consul tation with a physician signs a certification and the consulting physician that determined the medical benefits reasonably expected from appropriate med ical treatment at another medical facility outweigh the increased risks of 1. the transferring hospital provided the medical treatment within its capacity to minimize the risks to the individual’s health and, in the case of a woman in labor, the health of the unborn child; and 2. the receiving facility had available space and qualified personnel for the treatment of the individual and agreed to accept transfer of the indi vidual and to provide appropriate medical treatment; and 3. the transferring hospital sent to the receiving facility all medical records related to the emergency condition that were available at the time of the transfer, including records related to the individual’s emergency medical condition, observations of signs or symptoms, preliminary diagnosis, treat ment provided, and the results of any tests of the patient; and 4. the transferring hospital sent to the receiving facility the informed written consent or certification permitting transfer, and the name and address of any on-call physician who has refused or failed to appear within a reason able time to provide necessary stabilizing treatment; and 5. the transfer was effected through qualified personnel and transpor tation equipment, as required, including the use of necessary and medically appropriate life support measures during the transfer. transfer subsequently countersigns the certification; and 4. the transfer is an appropriate transfer to the facility. An appropriate transfer means—

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