EMS in NY state: patient refuses transport to particular hospital?

Question

I currently work in NYC and I was having a discussion with my partner about patient rights' during an emergency. Here is a scenario:

The patient is mentally sound (A&0 x3) but in critical condition. The closest hospital is 1 mile away but the patient refuses to go to that hospital due to a bad experience a couple years ago.  The patient is willing to go to any other hospital, and cites one 5 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. HOWEVER, 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 while I argue that we could be charged with kidnapping because we are forcibly taking a patient to a destination that he/she does not want to go. 

Any knowledge on this matter is appreciated.

BeckhamGirl · Accepted Answer

I agree with you. The alert and oriented pt has the right to refuse tx at certain facility or at all.  I would however try to persuade him into going to the nearest hospital explaining briefly what is going on with him or what might happen if tx is delayed. People do not know what is best for them and they have to be educated. So, I would explain this pt the situation in a no-taking-no-for-an-answer manner. If he determinately refuses, have him sign the AMA form. If he codes on the way to the hospital, stick to going to the nearest hospital. Something else that it can be done while he still conscious is to tell pt, he'll be tx'd a this hospital he does not like emergently only, and that once stable he will be given the option to be transferred.
Ps: it's a difficult situation

ckm1956 · Answer

A competent patient has the absolute right to decide where (or even IF) to be treated. Doing what a competent patient wants won't get you in trouble.

A F · Answer

You need an answer from a lawyer not from YA.  Your employer should provide such counsel but if not try a service like prepaid legal.  You are right you need to know in advance what your responsibilities and legal position are.

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EMS in NY state: patient refuses transport to particular hospital?

3 Answers