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KMID : 0986720070150020079
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Korean Journal of Medicine and Law
2007 Volume.15 No. 2 p.79 ~ p.109
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Legal Requirement in Inter-hospital Transfer - Comparison EMTALA in the U.S and the Act on Emergency Medical Service in Korea
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Bae Hyun-Ah
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Abstract
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Interhospital transfer, depending on its medical and legal appropriateness, affect the prognosis of patients and can even lead to legal disputes. After the decision to transfer is made, the transfer process must comply with the requirements prescribed by law, such as attachment of the referral and medical records, provision of transportation and fellow riders. For an appropriate transfer, not only should the requirements by law for transfer met, but truthfulness of information upon referral, completeness of medical records, patient monitoring and the presence of qualified personnel for monitoring during transfer must also be considered. When there is no such consideration and a causative relationship with the consequences in the patient is acknowledged, there can be liability for negligence. For appropriate interhospital transfer, however, the matters prescribed by the current Act on Emergency Medical Service are in desperate need for amendment. Furthermore, as the government is responsible for surveillance and management of the standards on equipment and personnel necessary for transfer, in the case of liability for negligence due to a deficient system, measures or legal supplementation are necessary not only in the doctor/hospital level but also in the national level.
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KEYWORD
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inter-hospital transfer, EMTALA, Act on Eemergency Medical Service
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