Today’s question comes from a person who works:

… in an Ambulance Service that due to a Rural Volunteer shortage is often undertaking the interhospital transfer of patients as single officer.  This is currently done by putting patient on monitor and turning it to face the rear vision mirror and driving the patient to either a RV point or the hospital.  Some operators choose to give narcotic pain relief on way and monitor via rear vision mirror and some choose not to give narcotics to patient with pain due to the risks. 

When we transfer a patient, should they be treated or not, are we providing a level of care that could be seen a decrease in the level that they were already receiving and what would be the legal ramifications of this?

This question is simply about risk management.  Presumably there is a risk to the patient if they are not transferred to the other hospital, that is there has to be some reason to send them.  Then there is the risk to them along the route. Of course that risk might be reduced if there two ambulance officers, or two paramedics, or a medical retrieval team.  I imagine a single operator is not tasked to transfer a patient from one ICU to another.  But not everyone gets a medical retrieval team to deal with unlikely risks. Presumably then someone has considered the patient’s condition, the need for the transfer, the alternative transfer options etc.

The test is always what is reasonable in all the circumstances. If someone has not considered the patient’s condition eg the doctor who books the transfer or the single operator who turns up and says ‘that’s not safe’ then that may be negligent.  But if everyone has and has made a decision that is reasonable in all the circumstances, including the ambulance officer who considers whether they can observe the patient and whatever the indications and contraindications for any drug treatment are, then that is all that can be expected.  Even if something goes wrong en route.

I cannot say whether a person should be ‘treated’ or not. One has to weigh up the risks and benefits. If you’re talking narcotic pain relief you have to consider the risk to the patient and their well being if they are not provided adequate pain relief, and the risk to them if they are and cannot be monitored. I would think that if you believe they need pain relief but they also need monitoring then you need to raise that with the medical team so that the situation can be considered.   This is a clinical question. The legal question is ‘were the actions reasonable in all the circumstances?’  that is not a question that can be answered in the abstract.

This blog is made possible with generous financial support from (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW)the Australian Paramedics Association (Qld)Natural Hazards Research AustraliaNSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.