Legal Question in Health Care Law in Pennsylvania

1. Does some type of consent (for vent or DNR) need to be signed before a patient receives surgery? I do not know is the patient had a living will or advanced directives.

2. Should the hospital call the family after an emergency of cardiac arrest? Or is it okay for them to let a friend call the family?

3. Can a doctor refuse to transfer a patient upon the family's request? The patient was stable.

4. Is it the responsibility of the family to call a hospital to get a transfer or the attending doctor taking care of the patient?

Asked on 3/01/10, 9:11 am

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq
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1. Does some type of consent (for vent or DNR) need to be signed before a patient receives surgery? I do not know is the patient had a living will or advanced directives.

Surgery requires informed consent in Pennsylvania.

2. Should the hospital call the family after an emergency of cardiac arrest? Or is it okay for them to let a friend call the family?

If a patientís a condition is such that emergency notification is called for, I believe o tis inappropriate to delegate this to a friend. BUT this would be the patientís decision.

3. Can a doctor refuse to transfer a patient upon the family's request? The patient was stable.

This is the patientís decision to accept the risks of transfer.

4. Is it the responsibility of the family to call a hospital to get a transfer or the attending doctor taking care of the patient?

It sounds like you are describing a situation where you are dissatisfied with the care at one hospital.

It would be up to the patient or his representative to find a doctor to take responsibility in the second hospital.

Read more
3/06/10, 6:54 pm

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