Being injured or sick and hospitalized is already unfortunate, but it would be sad if the hospital does not take saving lives and healing the wounded as its own responsibility, but instead delays treatment and causes even greater misfortune. What's wrong with our society?
My answer is as follows:
First, when the patient goes to the hospital to see a doctor and the hospital accepts him, then a medical contract is established between the patient and the hospital. According to the medical contract, patients can and should receive the care they deserve; hospitals should do their best to restore patients to health as quickly as possible.
Second, when a hospital discovers that it does not have sufficient capabilities (equipment, medical personnel, etc.) to treat a patient's disease, it should immediately inform the patient and their family members and recommend to them that they transfer to a hospital with adequate capabilities. Medical institutions with therapeutic capabilities. We cannot force hospitals to cure all diseases because current medical technology is not very high. Moreover, we can boldly say that the speed of medical progress will never keep up with the speed of disease development and mutation.
Third, if the patient and his family indicate that they will not be transferred to another hospital, the hospital should recommend that they be discharged. If the patient indicates that he will not be discharged and is willing to continue treatment in the hospital, then the hospital will no longer assume responsibility under the premise of doing its best medical efforts.
Fourth, if the hospital fails to notify the patient of transfer or discharge in a timely manner even though it knows it does not have sufficient capabilities, and thus causes the patient to delay the best opportunity for treatment, it may constitute a medical malpractice.
In this case, the final conclusion has not yet been made on whether this netizen’s friend delayed the best time for treatment and thus caused a medical accident. I dare not make any comments. However, if this is the case unfortunately, then you can sue after confirming the following three points: First, the hospital was at fault; Second, the hospital's fault delayed the best time for treatment and caused medical malpractice; after suing, the judge will Let you go to a professional legal department for a medical malpractice appraisal, and the court will make a final judgment based on the contents of the appraisal. Relevant laws and judicial interpretations in my country stipulate that the burden of proof of medical malpractice is reversed, that is, the hospital must bear the burden of providing evidence to prove that there is no medical malpractice. It is said that in specific judicial practice, the judge will make the hospital bear the burden of proving that it is not at fault, but this does not mean that the hospital must be responsible. Therefore, it is still necessary to collect some evidence to prove that the hospital is at fault before filing a lawsuit.
I hope my answer can help you, and I hope your friend has not missed the opportunity for treatment. Still the same sentence: Let us work together to make this world full of friendship, mutual help, and integrity. ***Mian!