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Jerusalem - Charedi Father Blocks Ambulance from Taking Burned Daughter to Hadassah 'Burn Unit'

Published on: October 30, 2009 08:10 AM
By:  Ynet
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Jerusalem - A 16-month-old toddler, who was severely burned when boiling water spilled on her, was hospitalized Friday morning in Shaare Zedek Medical Center in Jerusalem, which does not have a burn unit, because her father opposed her hospitalization in Hadassah Ein Kerem Hospital. The father justified his insistent refusal, claiming that “the rabbi advised otherwise.”

About a month ago, the tensions aroused between the hospital and the haredi community by the ‘starving mother’ affair seemed to have subsided. However, now it seems as though the ultra-Orthodox boycott of the hospital is alive and kicking.

Magen David Adom paramedics sought to evacuate the toddler suffering from severe burns caused by boiling water to Hadassah Ein Kerem Hospital because there is a specialized burn unit there.

The father, however, expressed his strong opposition. According to the medical team on the ambulance, the father caused a commotion on the ambulance and insisted that his daughter be taken to Shaare Zedek Medical Center.

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“The 16-month-old toddler was apparently burned by boiling water,” said to Ynet Ilya Davoner, a Jerusalem Magen David Adom paramedic who evacuated the girl to the hospital. “An ambulance arrived to evacuate her to the hospital. Halfway there, we transferred her to a mobile intensive care unit. She suffered from second-degree burns over 15% to 20% of her body. The burns were mainly on her face, chest, and shoulders.”

“We wanted to evacuate her to Hadassah Ein Kerem hospital,” he said, “but the father actively resisted, shouted, and caused a ruckus. He told us: ‘Hadassah Ein Kerem doesn’t treat our group well. That’s what the rabbi suggested to me, and I am following the rabbi’s recommendation.’

The father insisted on going to Shaare Zedek Hospital despite our attempts to convince him to choose Hadassah Ein Kerem, where the treatment options are better considering the toddler’s health condition. She is currently hospitalized at Shaare Zedek.”

Hezi Rot, on call for United Hatzalah, a volunteer emergency medical service, provided first aid to the toddler outside the family’s home. “The parents came downstairs with the toddler towards the medical team,” he said.

“She was naked and wrapped in wet towels that the family had dressed her in. She suffered from burns all over her body from a pot of boiling water that spilled on her.

Her skin was peeling. It was a serious burn. We immediately provided her first aid with bandaging. The parents were very stressed, panicked.”

Rot recounted that some neighbors on the spot pressured the parents not to take the girl to Hadassah Ein Kerem: “This is a family with children. Of course they were very stressed. At the same time, a group of neighbors messed with their minds with protest. They said, especially to the mother: ‘No way should you take her to Hadassah Ein Kerem.’ Apparently, the pressure worked.”

Hadassah Ein Kerem Hospital has withheld comment at this time.


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Read Comments (98)  —  Post Yours »

1

 Oct 30, 2009 at 08:26 AM Geschmackt Says:

The rabbi advised him on how to act. It is good to have a knowledgeable rabbi. bde.

the child should get her own rabbi.

i wish

2

 Oct 30, 2009 at 08:23 AM formally Says:

the father and rebbei who advised him should be arrested for child abuse.

Funny when one of the rebbies needed a hospital didn't he go to Haddasha

3

 Oct 30, 2009 at 08:22 AM Meira Kingberg Says:

NIce! NOT!!!!!!!! Now she'll be scarred for life on her face when Israel has pioneered burn care and it could have been prevented by a competent burn unit. Poor baby. The father should be arrested for child abuse and negligence.
NO ONE with severe burns should be taken any place BUT a burn unit.

4

 Oct 30, 2009 at 08:31 AM elie Says:

Refuah Shelema to the child and the parents too

5

 Oct 30, 2009 at 08:31 AM Anonymous Says:

Smart father genius I'm sure he's going straight to gan eden for his mesiras nefesh

6

 Oct 30, 2009 at 08:19 AM PulpitRabbi Says:

They should indict the neighbors. For violating two לאוים לדאורייתא:
* Do not put a tumbling block before the blind (לפני עיור), and
* Do not stand idly by the blood of your fellow (לא תעמד על דם רעך)

7

 Oct 30, 2009 at 08:32 AM lishma Says:

its very sad to read this story it shows how people are duped into believing nonsense to the detriment of their own childs life nebeh to be this out of touch with reality a whole community is in danger and the animosity they exhibit to the hospital is unbeleivable

8

 Oct 30, 2009 at 08:27 AM Anonymous Says:

Fanatical mitchasdim shotim! They are horgim! Or maybe he threw the water on his daughter, and wants to hide his sin.

10

 Oct 30, 2009 at 08:36 AM Anonymous Says:

I love the part where some people decide to boycott a hospital and suddenly there is tension between the orthodox community and the hospital. Common!! Ein Karem is one of the best Hospitals in the world. Another question has to be asked whether the father has a din of rodef!

11

 Oct 30, 2009 at 08:35 AM Anonymous Says:

That's what I find so sad: The Geivad Weiss himself has no scruples going to Hadassa Ein Kerem when he needs them.

But there are diehard followers who would let his own child suffer in order to avoid the hospital. This is not the first case, there were cases of head injuries during the summer...

12

 Oct 30, 2009 at 08:37 AM SK Says:

I hope these parents are thrown into the same prison cell as the markowitz woman while they too are tried for child abuse.

13

 Oct 30, 2009 at 08:58 AM chief doofis Says:

I'm inclined to surrender my title to this father!

14

 Oct 30, 2009 at 08:52 AM MD EMT Says:

Things must work *very* differently there. Here in Maryland where I am a certified EMT-B, it is *PROTOCOL* to take certain patients to certain types of facilities. If I deviate from the protocols (which are legal standing orders from the doctor under whose license I and all EMTs practice our care), I can have my certification revoked and face criminal charges. It doesn't matter how much the patient (or pt's parent) fights or argues, protocols are protocols. If it takes a call to the cops, then that's what it takes!

15

 Oct 30, 2009 at 08:51 AM aaron Says:

Reply to #2  
formally Says:

the father and rebbei who advised him should be arrested for child abuse.

Funny when one of the rebbies needed a hospital didn't he go to Haddasha

I would agree with these comments in most cases but if I had to give the benefit of doubt (and the torah does expect us to) then I would say that the rabbi felt that they could turn THIS into a negligence issue and charge the father for abuse when it was just an accident. Gut shabbos

16

 Oct 30, 2009 at 08:48 AM Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

17

 Oct 30, 2009 at 08:48 AM Anonymous Says:

cant beleive this the parents are so naive...the so called "rabbi" is more important then a childs well being.??? this is a g-d fearing man ?????a person who daughter is secondary?????sick!!!

18

 Oct 30, 2009 at 08:46 AM Aron Says:

Chosid shoiteh.

19

 Oct 30, 2009 at 08:43 AM frum but normal Says:

the father should be admited immediately to a insane asylum for the criminally insane.
and the rebbe [no mather who he is] should be arrested and put on trial,and sent away for a long time

20

 Oct 30, 2009 at 08:44 AM Donny Says:

They should arrest the father. The problem is, if they do, it will lead to more rioting and burning garbage bins.

21

 Oct 30, 2009 at 08:59 AM Anonymous Says:

i think maybe the rabbis should also prosicuted how do make such a din not to use a hospital we have to stop being so narow minded there are by us all kind of pepole ,steals robbers ,peterfil etc.rabbi get or act together and lead for haven sake and ours dont go to lavish wedding when you prish no lavish etc

22

 Oct 30, 2009 at 09:10 AM DerNister Says:

I wonder how these parents will feel every time they look at their daughter and see the scars on her face and know that they could have been prevented or ameliorated had they gone to Ein Kerem. What will the parents tel their daughter when they look for a shidduch and some boys are turned off by her appearance?

23

 Oct 30, 2009 at 09:07 AM formally Says:

Reply to #16  
Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

I am assuming that you think that 80% of the time a cheridie takes a child to hadassha they try to take a way the child.

Hello, it happens once in a blue moon when they think there is abuse

24

 Oct 30, 2009 at 09:02 AM Aharon Says:

Reply to #16  
Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

What was he afraid of? maybe he was hiding something in order to do something so stupid. This act itself is neglect and he should be arrested

25

 Oct 30, 2009 at 09:37 AM Yashar Says:

Reply to #24  
Aharon Says:

What was he afraid of? maybe he was hiding something in order to do something so stupid. This act itself is neglect and he should be arrested

Another smart quote!, do you know how many children were taken away by the ACS and Child Protective Services here in America, for no good reason just 'cause the hospital reported the case as required by law, yes there is a lot to be afraid of.

26

 Oct 30, 2009 at 09:35 AM lishma Says:

Reply to #16  
Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

are you serious i have never ever seen a case in israel when someone was accused of child abuse just to make the parents suffer this kind of thinking is 100 per cent paranoid, and youre writing that the hospital is a tottaly normal hospital is unbeleivable naivete its clear which hospital can take care of her burns and you still pretend to not understand the situation is unacceptable cruel thinking the only anti chareidi person is you youreself to write in such irresponsible way you think they are out to get you wow how deluded can someone get its beyond belief

27

 Oct 30, 2009 at 09:41 AM AP Says:

You don't boycott a hospital in emergeny situations. This is pekuach nefesh and we are mechuyav even on shabbos to do what's necessary, let alone boycotting hospitals. Idiots!

28

 Oct 30, 2009 at 09:41 AM Anonymous Says:

Reply to #24  
Aharon Says:

What was he afraid of? maybe he was hiding something in order to do something so stupid. This act itself is neglect and he should be arrested

“ What was he afraid of? maybe he was hiding something in order to do something so stupid. This act itself is neglect and he should be arrested”

Some doctors/hospitals are more prone to see any injury as abuse and take away a child. Probably he saw that as a greater danger.

29

 Oct 30, 2009 at 09:30 AM Yashar Says:

Reply to #11  
Anonymous Says:

That's what I find so sad: The Geivad Weiss himself has no scruples going to Hadassa Ein Kerem when he needs them.

But there are diehard followers who would let his own child suffer in order to avoid the hospital. This is not the first case, there were cases of head injuries during the summer...

How stupid can you be, don't you realize that geivad Weiss has nothing to fear by going to Hadassa, he has no small children at home, this is not a boycott, they are literally scared their children will be taken away,

30

 Oct 30, 2009 at 09:26 AM Anonymous Says:

I want you all to think before you post a comment loshen hara is as big of a sin keep all your comment to yourself and just be mespalel for a refuah shelima. Don't judge. You were not ther and you DON'T know all details

31

 Oct 30, 2009 at 09:24 AM Anonymous Says:

Reply to #16  
Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

I have a child who had a severe burn, sounding similar to this. I was taken over 2 hours on shabbos by hatzalah to a burn unit as they said that is the ONLY place equipped to deal with a burn.
A burn needs different care than other medical issues and my daughter B"H has a very faint scar after the whole ordeal as we were in the right place.
If this little girl is not treated properly she may end up with scars her whole life on her face and that would be terrible.

32

 Oct 30, 2009 at 09:22 AM Anonymous Says:

Reply to #16  
Anonymous Says:

can you all stop. He took his daughter to a normal hospital. I can understand the father for not wanting to go though child abuse accusations from a anti chardi hospital (and risk losing his other children)

A normal hospital for a child with this kind of injury is like taking her to a dentist

33

 Oct 30, 2009 at 09:21 AM Robert Says:

fortunately there are only second degree burns on less than 20% of her body.
she will most likely not be an a burn ICU and
she will most likely heal regardless to which hospital she is admitted. and if done correctly should have minimal or no cosmetic defects.
i certainly respect a father/parents preferences in these matters.. there are sad reasons for these preferences and while i dont agree with him here he did make a medically valid decision.
he has a right to treat his child in the manner he feels is best (within rational guidelines.. and he certainly made a rational judgement)

as a practicing surgeon ( i havent treated burns in years) here in the usa, i would have taken my child to hadassah for obvious reasons and agree with the ambulance /emt triage assessment.... on the other hand it certainly is not wrong to take her to a different facility of high quality.
had the burns been more extensive(over 40% of body surface area) or of greater severity (third degree burns) then a specialized burn unit would in my judgement be the correct choice..
let this be a lesson to us all to stop the fighting and bickering

34

 Oct 30, 2009 at 10:10 AM Anonymous Says:

Reply to #5  
Anonymous Says:

Smart father genius I'm sure he's going straight to gan eden for his mesiras nefesh

And what will he get for causing his child irrepreible harm?

35

 Oct 30, 2009 at 10:04 AM me Says:

Let's start investigating how the kid got burned.
Shame on the Charedim in Israel. The child should be put in foster homes and the leaders of the Eidah should be arrested.

36

 Oct 30, 2009 at 10:02 AM Reb Yid Says:

A sheinem dank to the biased chareidi media for influencing yidden to do the wrong thing. It's exactly like the biased American media telling people to vote for their pet candidate, and people listen, even if that's the guy who'll cost them more money, etc. I guess the freie yidden aren't the only ones picking up bad habits from the goyim.

37

 Oct 30, 2009 at 10:01 AM FVNMS Says:

Reply to #25  
Yashar Says:

Another smart quote!, do you know how many children were taken away by the ACS and Child Protective Services here in America, for no good reason just 'cause the hospital reported the case as required by law, yes there is a lot to be afraid of.

I know many stories too. A child of one of my patients got into the medicine cabinet and swallowed a whole bunch of pills. The nightmare that ensued for this poor woman shouldn't be wished upon your worst enemy. Average person, average socio-economic status, average IQ (my point: this could happen to any one of you). So while I don't know the reason behind the father's action, always consider the possiblity that there's a good reason. However, this is a very UMBATA'AMT act and all he said was the rabbi said so. Unless, of course, the anti-chareidi media didn't report the full story.

38

 Oct 30, 2009 at 09:58 AM Milhouse Says:

Reply to #19  
frum but normal Says:

the father should be admited immediately to a insane asylum for the criminally insane.
and the rebbe [no mather who he is] should be arrested and put on trial,and sent away for a long time

Arrested? For what? Even if he was totally making it up, which you don't know, what possible charge could lie against him?

Don't you even want to know who this rabbi is? A chossid listens to his rebbe, no matter what. If the rebbe says not to have an operation, it doesn't matter how many doctors insist on performing it, it will not happen. How many times did the Lubavitcher Rebbe tell people to defy the doctors' opinions? Would you have arrested him too (again, on what charge)? Would you have committed all the people who obeyed him, and all the people who are alive today only BECAUSE they obeyed him and not the doctors? Think about what you're saying.

Of course the LR was different from most people, but the story doesn't say who this rabbi is, so we have no way of knowing whether he too is different from most people.

39

 Oct 30, 2009 at 09:57 AM Shaul in Monsey Says:

Sad story and very illustrative of the taliban lifestyle many people born Jewish live. While their appearance reflects devout observance, in reality they are idol worshipers. The pulpit rabbi who posted above suggested the crowd was oiver on lifnei ever and lo saamoid. The father is oiver on lo yihyeh lecha eloikim acheirim.

40

 Oct 30, 2009 at 09:56 AM mythoughts Says:

Throw some hot water on this jerk and you'll see how fast he crawls to the Hadassah burn unit. Take away his child.

41

 Oct 30, 2009 at 09:54 AM starwolf Says:

Some idiots call for a boycott, --and others listen to the call, even at the expense of their own children. This is what comes from the idea of blindly following a "leader". The "leaders" of their political movement do not heed this call for a boycott of Hadassah--as we have noted recently when 2 of them were hospitalized there. But perhaps that was not publicized in pashkevilim.

What a shame that this child is penalized by the father's ignorance, the neighbors' meddling, and the "rabbi's" out-and-out stupidity.

42

 Oct 30, 2009 at 09:54 AM FVNMS Says:

Reply to #21  
Anonymous Says:

i think maybe the rabbis should also prosicuted how do make such a din not to use a hospital we have to stop being so narow minded there are by us all kind of pepole ,steals robbers ,peterfil etc.rabbi get or act together and lead for haven sake and ours dont go to lavish wedding when you prish no lavish etc

Let me reword this comment, just so that nobody makes fun of this poster.

"...I believe that this Rabbi should be prosecuted, too. What nonsense - to declare a certain hospital forbidden! Attention must be focused elsewhere (e.g. dishonesty, pedophilia, etc) by our leaders. And practice what you preach (e.g. don't attend the lavish weddings you preach against)..."

43

 Oct 30, 2009 at 09:54 AM hospital worker Hadasa Says:

Its simple, the hospital obvuesily has a history with making child abuse problems for haradie pepole, they were affraid for a child abuse case for how and why the child got burned, there desicon makes lot of sence. For them its not because Boycutt its to save there back...

44

 Oct 30, 2009 at 09:52 AM Milhouse Says:

Reply to #14  
MD EMT Says:

Things must work *very* differently there. Here in Maryland where I am a certified EMT-B, it is *PROTOCOL* to take certain patients to certain types of facilities. If I deviate from the protocols (which are legal standing orders from the doctor under whose license I and all EMTs practice our care), I can have my certification revoked and face criminal charges. It doesn't matter how much the patient (or pt's parent) fights or argues, protocols are protocols. If it takes a call to the cops, then that's what it takes!

If this is how you act, you'd better get some legal advice. If the patient (or her parents, if she's a minor) objects to going to a particular hospital, and you take her there against her will, you are guilty of kidnapping. "Protocol" will not protect you from a criminal charge.

45

 Oct 30, 2009 at 09:52 AM Pesach Says:

Reply to #25  
Yashar Says:

Another smart quote!, do you know how many children were taken away by the ACS and Child Protective Services here in America, for no good reason just 'cause the hospital reported the case as required by law, yes there is a lot to be afraid of.

I work at a large hospital and reporting is rare and the taking of children out of the home is only a small percentage of those cases. Enough paranoia.

46

 Oct 30, 2009 at 10:29 AM MD EMT Says:

Reply to #44  
Milhouse Says:

If this is how you act, you'd better get some legal advice. If the patient (or her parents, if she's a minor) objects to going to a particular hospital, and you take her there against her will, you are guilty of kidnapping. "Protocol" will not protect you from a criminal charge.

No, protocol is exactly what will save my butt. Violating it is what will lead to criminal charges. If they refuse transport but aren't of mind to do so, the cops become mommy and daddy to them and make the decision for them. Without the police, yes it is legally kidnapping. With the police, it's the cops' decision and I'm off the hook. That *is* the legal advice we have received.

47

 Oct 30, 2009 at 11:05 AM Robert Says:

Reply to #44  
Milhouse Says:

If this is how you act, you'd better get some legal advice. If the patient (or her parents, if she's a minor) objects to going to a particular hospital, and you take her there against her will, you are guilty of kidnapping. "Protocol" will not protect you from a criminal charge.

i am not a lawyer however protocol is very much a part of ambulance rides..
hospitals and "their" ambulance corps especially in large areas pool resources.. what that means is if you want to go to hospital X (assuming it is in your catchment area) but they are on diversion (say all the CCU beds are full) they can and do take you to hospital Y. people needing emergent care are in a different legal status and often can not make legally binding decisions. (for example they are in significant pain).
with that said most community ambulance groups will usually try to accomodate a personal prefernce of a patient (say your private doctor is at hospital Y, then they wont take you to hospital X) although there are complex triage protocols unique to each jurisdiction with attendent legal protections too.. private ambulances will follow their unique protocols ( for example the hatzaloh ambulances of ny
lets face it, to call ambulance for an emergency and voluntarily get in.. and then claim kidnapping is a bit of a stretch in my book..i dont think too many juries would but it.. i suppose you can conceive of such a kidnapping case but within practical reality i just dont see it as too common

48

 Oct 30, 2009 at 11:00 AM Rippin Pinchas Says:

Reply to #6  
PulpitRabbi Says:

They should indict the neighbors. For violating two לאוים לדאורייתא:
* Do not put a tumbling block before the blind (לפני עיור), and
* Do not stand idly by the blood of your fellow (לא תעמד על דם רעך)

How do you know? The man took his daughter in the ambulance and insisted in the ambulance not to go to Hadassah. What did the neighbors do wrong? You were over on b'tzedek tishpot ess amisechah, which is a לאו דאורייתא

49

 Oct 30, 2009 at 10:58 AM Eli Says:

I have worked in Haddassa for 3 Years. They are a wonderful and very well equipped hospital. The doctors there are great people and they have NOTHING against the chareidim. They actually go out of their way a lot of times to accommodate us on shabbosim and kosher and so on. The Gaavid went to haddassa Davkah to show that we have nothing against them. These are just overly drunken fanaticts, who think that they know better. These people are lost cases, and for us to lose our tempers on them is a complete waste of energy. So let's gather our energy's and do things that are right here in America, by making a Kiddush Hashem in everything we do.

50

 Oct 30, 2009 at 10:54 AM formally Says:

Reply to #43  
hospital worker Hadasa Says:

Its simple, the hospital obvuesily has a history with making child abuse problems for haradie pepole, they were affraid for a child abuse case for how and why the child got burned, there desicon makes lot of sence. For them its not because Boycutt its to save there back...

let see

why do you give some statistics to proof you point. My guess is you you not have that and it is just bubba massas

Even so, I can one going to one hospital to another when there is no real issue. But in this case hadasha was the better choice. I hope the girl does not hate her dad for his stupid choice

51

 Oct 30, 2009 at 10:53 AM So Sad Says:

Doesn't the mother have a backbone? What were her opinions on the subject? Where they NOT aware that the last three sick rebbeim were all taken to Hadassah for care? Why oh why is there so much 'hester panim' among this group?
Refuah Shelayma to this darling child.

52

 Oct 30, 2009 at 10:49 AM A. Nuran Says:

Reply to #28  
Anonymous Says:

“ What was he afraid of? maybe he was hiding something in order to do something so stupid. This act itself is neglect and he should be arrested”

Some doctors/hospitals are more prone to see any injury as abuse and take away a child. Probably he saw that as a greater danger.

As a greater danger than having his child die or be crippled and disfigured for life? Truly, the outpatients are out in force on this one.

53

 Oct 30, 2009 at 10:49 AM formally Says:

Reply to #33  
Robert Says:

fortunately there are only second degree burns on less than 20% of her body.
she will most likely not be an a burn ICU and
she will most likely heal regardless to which hospital she is admitted. and if done correctly should have minimal or no cosmetic defects.
i certainly respect a father/parents preferences in these matters.. there are sad reasons for these preferences and while i dont agree with him here he did make a medically valid decision.
he has a right to treat his child in the manner he feels is best (within rational guidelines.. and he certainly made a rational judgement)

as a practicing surgeon ( i havent treated burns in years) here in the usa, i would have taken my child to hadassah for obvious reasons and agree with the ambulance /emt triage assessment.... on the other hand it certainly is not wrong to take her to a different facility of high quality.
had the burns been more extensive(over 40% of body surface area) or of greater severity (third degree burns) then a specialized burn unit would in my judgement be the correct choice..
let this be a lesson to us all to stop the fighting and bickering

robert

what rational decision did the father make? because of the case of the starving mom that is a rational decision that the hospital is out to get the heridiem.

54

 Oct 30, 2009 at 10:25 AM Anonymous Says:

I as a father of 6 I understand this father I have seen cases her in ny ppl doing the same thing when the issue is child abuse involved

55

 Oct 30, 2009 at 11:14 AM Robert Says:

Reply to #46  
MD EMT Says:

No, protocol is exactly what will save my butt. Violating it is what will lead to criminal charges. If they refuse transport but aren't of mind to do so, the cops become mommy and daddy to them and make the decision for them. Without the police, yes it is legally kidnapping. With the police, it's the cops' decision and I'm off the hook. That *is* the legal advice we have received.

it varies in the usa from state to state..
most states indemnify their agents(their emt's) against criminal and civil action if they follow protocol.

so you have a time sensitive emergency and you wait for the cops to arrive in a patient with decreased legal capacity.. now their is a bad outcome because of the delay (say an acute stroke).. so no criminal charges are filed but how about civil charges (by the survivng spouse) for delay in treatment leading to death?

meanwhile you are off the hook because the cops assumed the liabilty you described(assuming it exists in your jurisdiction) for kidnapping..
so according to your legal department, are the police possibly at risk for criminal kidnapping charges?
most emts are compassionate professionals who serve people at a vulnerable time .. they usually rise to the occassion.

56

 Oct 30, 2009 at 11:14 AM Shaul in Monsey Says:

Reply to #44  
Milhouse Says:

If this is how you act, you'd better get some legal advice. If the patient (or her parents, if she's a minor) objects to going to a particular hospital, and you take her there against her will, you are guilty of kidnapping. "Protocol" will not protect you from a criminal charge.

That is not always the case. An EMT is empowered by law to serve the best interests of the patient if he determines that the course of action as directed by the legal guardian will result in a danger to the child. I witnessed Hatzolah take a baby, who had high fever for 2 days, from a mothers arms and against her protests to the hospital - he said in the street - I am doing this on my authority and he called the police. They explained to the mother that the child needed immediate attention and for whatever reason the mother wasn't understanding. The EMT of the blogosphere can clarify but soif kol soif the wishes of the parent are not always followed.

Anyway, I'm more impressed by the transaltion skills of FVNMS. I thought peterfil was something you used to clog a drain.

57

 Oct 30, 2009 at 11:56 AM Anonymous Says:

Reply to #42  
FVNMS Says:

Let me reword this comment, just so that nobody makes fun of this poster.

"...I believe that this Rabbi should be prosecuted, too. What nonsense - to declare a certain hospital forbidden! Attention must be focused elsewhere (e.g. dishonesty, pedophilia, etc) by our leaders. And practice what you preach (e.g. don't attend the lavish weddings you preach against)..."

Thanks for your translation. I had no idea what the poster what talking about.

58

 Oct 30, 2009 at 11:53 AM Robert Says:

Reply to #53  
formally Says:

robert

what rational decision did the father make? because of the case of the starving mom that is a rational decision that the hospital is out to get the heridiem.

thank you for the question.

first of all i agree with you .. hadssah is clearly the better choice, because they have a burn unit.. and while i think hadassh is the better option, i do not think sharee zedek is an incorrect choice

sharee zedek is also a high end hospital with trauma/burn surgeons on staff.
the caliber of the burns were triaged by a professional emt (as i read the article)
as being less than 20% of body surface area with first and second degree burns (no third degree).
assuming the professioanl emt was correct.. this patient does not need a burn ICU and sharee zedek is more than capable of giving state of the art care.

add the background of the parents and the current political/religious tensions in jerusalem (which is another sad discussion) and parents who probably believe (wrongfully ofcourse) that hadassah is biased against charedim, i see it as a rational choice on the part of the father..

personally i believe that hadassh is a world class facility that treats all jews (and arabs) with highy quality and respectful medical care. i suspect many charedim do not share my sentiment.. ultimately this type of lunacy needs to stop. period.

59

 Oct 30, 2009 at 12:39 PM gefitle fish Says:

OH G-D BRING US MOSHIACH NOW!!!!
we can't take it any more

60

 Oct 30, 2009 at 11:50 AM Anonymous Says:

Reply to #34  
Anonymous Says:

And what will he get for causing his child irrepreible harm?

I'm pretty sure you're responding to a sarcastic comment.

61

 Oct 30, 2009 at 11:46 AM Anonymous Says:

Reply to #25  
Yashar Says:

Another smart quote!, do you know how many children were taken away by the ACS and Child Protective Services here in America, for no good reason just 'cause the hospital reported the case as required by law, yes there is a lot to be afraid of.

But certainly the parents shouldn't be more afraid of the farfetched possibility that someone at the hospital would accuse them of child abuse than the very real fear that their severely burned child cannot get the same kind of care at a hospital that doesn't have a burn unit as it would at a hospital that does have one.

62

 Oct 30, 2009 at 11:35 AM Anonymous Says:

So are you also all saying that Shaarei Tzedek hospital is so inefficient and incapable of treating a child that if "they" felt the child needed a special burn unit they wouldn't do what is in the best interest of the child/patient and transfer the child to the special burn unit at Hadassah hospital?

Are you saying that the competition between the two hospitals in E"Y is so severe that it would be detrimental to the welfare of K'lal Yisroel? If there is a specialty or special care that one hospital or a particular doctor at a hospital can give a patient that is not available to a patient at another hospital arrangements are usually made to do what is best for the patient and transfer them as efficiently as possible, even by medivac if necessary here in the states. The implication from all these comments is that the doctors at Shaarei Tzedek would rather see this child scarred for life than fight the father and insist on transferring the child if necessary.

I can't and won't judge a father who is panicked and stressed out over an injured child and doesn't know what to do so takes the advice of someone he trusts the most which is his Rebbe. This for him is a logical route.

63

 Oct 30, 2009 at 11:21 AM Anonymous Says:

Reply to #44  
Milhouse Says:

If this is how you act, you'd better get some legal advice. If the patient (or her parents, if she's a minor) objects to going to a particular hospital, and you take her there against her will, you are guilty of kidnapping. "Protocol" will not protect you from a criminal charge.

You have no idea what you are talking about and c.v, you are risking lives by spouting your nareshkeit If an EMT in eretz yisroyiel follows his formal protocols and takes the patient to the type of hospital prescribed for the specific injury or condition they are suffering from , the EMT is immunized against any any charges of "kidnapping" or other such schdus. My bigger concern is that there might have been some negligence on the part of the parents leading to the accident and thats why they wanted a "friendlier" hospital that might be less prone to ask questions of chareidi parents.

64

 Oct 30, 2009 at 01:21 PM Milhouse Says:

Reply to #39  
Shaul in Monsey Says:

Sad story and very illustrative of the taliban lifestyle many people born Jewish live. While their appearance reflects devout observance, in reality they are idol worshipers. The pulpit rabbi who posted above suggested the crowd was oiver on lifnei ever and lo saamoid. The father is oiver on lo yihyeh lecha eloikim acheirim.

את ה׳ אלקיך תירא ־ לרבות ת״ח. ומורא רבך כמורא שמים. לא תסור. Do these mean nothing to you?

65

 Oct 30, 2009 at 01:16 PM Milhouse Says:

Reply to #63  
Anonymous Says:

You have no idea what you are talking about and c.v, you are risking lives by spouting your nareshkeit If an EMT in eretz yisroyiel follows his formal protocols and takes the patient to the type of hospital prescribed for the specific injury or condition they are suffering from , the EMT is immunized against any any charges of "kidnapping" or other such schdus. My bigger concern is that there might have been some negligence on the part of the parents leading to the accident and thats why they wanted a "friendlier" hospital that might be less prone to ask questions of chareidi parents.

Are you aware that if a doctor treats someone against his will he's guilty of assault? The person can be bleeding in front of you, and if she says "don't touch me" you have no right to touch her. So how can an EMT take someone to a place she explicitly refuses to go, and claim immunity just because a doctor gave him a protocol? Even if the doctor were right there authorizing it it would be kidnapping, how much more so when he's not there. And in the case of a minor the parents speak for her.

66

 Oct 30, 2009 at 01:16 PM Anonymous Says:

Reply to #63  
Anonymous Says:

You have no idea what you are talking about and c.v, you are risking lives by spouting your nareshkeit If an EMT in eretz yisroyiel follows his formal protocols and takes the patient to the type of hospital prescribed for the specific injury or condition they are suffering from , the EMT is immunized against any any charges of "kidnapping" or other such schdus. My bigger concern is that there might have been some negligence on the part of the parents leading to the accident and thats why they wanted a "friendlier" hospital that might be less prone to ask questions of chareidi parents.

why not just assume that this is an accident and the parents acted in the best interests of the child in the manner they understood. children get hurt all the time and this burn is still relatively minor. it is so sad charedim are scared of the Hadassa hospital..

67

 Oct 30, 2009 at 02:23 PM Robert Says:

Reply to #65  
Milhouse Says:

Are you aware that if a doctor treats someone against his will he's guilty of assault? The person can be bleeding in front of you, and if she says "don't touch me" you have no right to touch her. So how can an EMT take someone to a place she explicitly refuses to go, and claim immunity just because a doctor gave him a protocol? Even if the doctor were right there authorizing it it would be kidnapping, how much more so when he's not there. And in the case of a minor the parents speak for her.

you are correct in non-emergent situations where a clear headed decision is made by a competent adult.. then we need to respect that decision.

in emegencies, the default legal (and moral) position is one of people wanting care to prevent loss of life and long term disability. ambulance rides by definition are real emergencies...

when people are in pain, nervous, scared, on medications that can alter judgement, then they have diminished capacity to make informed decisions.
i think most reasonable people would accept that concept.. what therefore follows leads to various shades of grey..

the legal presumption in most states is to treat a patient with diminished capacity.. the classic example being the suicide patient who wants to die.. their the law generally says he doesnt have the legal authority to refuse treatment in those circumstances because he is not mentally competent. you can obviously see the various shades of grey that emanate from this position.

a competent adult cancer patient can and has the right to decline/refuse treatment.
a child does not have that right nor the parents in many circumstances.

68

 Oct 30, 2009 at 02:14 PM Aharon Says:

Reply to #65  
Milhouse Says:

Are you aware that if a doctor treats someone against his will he's guilty of assault? The person can be bleeding in front of you, and if she says "don't touch me" you have no right to touch her. So how can an EMT take someone to a place she explicitly refuses to go, and claim immunity just because a doctor gave him a protocol? Even if the doctor were right there authorizing it it would be kidnapping, how much more so when he's not there. And in the case of a minor the parents speak for her.

Actually this is not necessarily true for a minor patient in emergency circumstances

69

 Oct 30, 2009 at 02:04 PM Anonymous Says:

Reply to #65  
Milhouse Says:

Are you aware that if a doctor treats someone against his will he's guilty of assault? The person can be bleeding in front of you, and if she says "don't touch me" you have no right to touch her. So how can an EMT take someone to a place she explicitly refuses to go, and claim immunity just because a doctor gave him a protocol? Even if the doctor were right there authorizing it it would be kidnapping, how much more so when he's not there. And in the case of a minor the parents speak for her.

This doesn't extend to children.

71

 Oct 30, 2009 at 01:47 PM Raphael Kaufman Says:

Shaul's logic is consistent. If, as he posits, the people are, in effect, ovdei avodas zara, then the advice they were following was that of a "priest" of said avodas zara and your post would not apply.

72

 Oct 30, 2009 at 01:47 PM formally Says:

next time I have a halacha question I will ask a doctor,
a medical issue ask a rov

some people are just idiots and cannot think on their own, some rabbies have created chassidem like that areal shame

73

 Oct 30, 2009 at 01:46 PM Lawyer Says:

Reply to #63  
Anonymous Says:

You have no idea what you are talking about and c.v, you are risking lives by spouting your nareshkeit If an EMT in eretz yisroyiel follows his formal protocols and takes the patient to the type of hospital prescribed for the specific injury or condition they are suffering from , the EMT is immunized against any any charges of "kidnapping" or other such schdus. My bigger concern is that there might have been some negligence on the part of the parents leading to the accident and thats why they wanted a "friendlier" hospital that might be less prone to ask questions of chareidi parents.

You do realize you are speaking loshon hora not only about the parents but also Shaarei Tzedek hospital.

You also do realize that your post is indiretly justifying the very concern the father may have had. You know absolutely nothing about what happened, yet you are already suspecting the parents of negligence. Maybe the far wants his child treated by someone who does not automatically suspect someone of child abuse merely because a child had an injury and the parents are Charedim?

74

 Oct 30, 2009 at 02:58 PM Anonymous Says:

I do understand the father and most of you who don't probably don't have large families with active kids!

I live in bp and was faced with an emergency 15 yrs ago when my very active 2 yr old son injured his face on a weekend when it was impossible to get thru to his pediatrician. I was cradling my son in my arms with an icepack all night with tears inmy eyes but could'nt get myself to take him to the ER

It was after a good friend of ours lost a 6 wk old newborn to SIDS and the hospital involved child welfare. Their children were given to the mother's sister as a precaution..........for eight months. The mother was not allowed near the children without a 3rd person present for the whole time. Thereafter childwelfare personel dropped into their home unanounced at all times during the day, checking on the contents of the fridge asking their little kids all kinds of scary questions.

It is perfectly understandable for young heimishe parents with large families whose children suffer injuries to avoid the ER, especially one with a reputation for getting the authorities involved.

75

 Oct 30, 2009 at 02:49 PM formally Says:

many hospital will ask question,

40 years ago I burned my hand, my mother took me to the hospital and they did ask her questions, my mother was surprised but not upset, .I think it is good to try to catch abusers. Otherwise none will ever be caught.

PS questions not harassment

I hope that hospitals still do that

76

 Oct 30, 2009 at 03:05 PM Anonymous Says:

I remember a case of more than 20 yrs ago a child named Chamki who suffered cerebal palsey all her life,with the most dedicated parents, she was emaciated due to her condition, she died in her fathers arms on Chanukah. The funeral was delayed and the parents were harassed by child welfare.

77

 Oct 30, 2009 at 02:36 PM Anonymous Says:

A) This person should not be a father.
B) This was child abuse.
C) The Rabbi should be brought before a Beis Din.
D) The story shows the total breakdown of that community.
E) The child should be removed from this family.

78

 Oct 30, 2009 at 01:38 PM Lawyer Says:

It is rather shocking to read that EMTs are empowered to overrule a parent's decision as to where to take there children to be treated. We recently had a rather serious accident in our town involving a child. Two different EMTs showed up -- the regular town paramedics and Hatzolah. The former will only take your child to the local hospital, which is mediocre at best. Hatzolah will take your child where you want.

Fortunately, someone nearby had the presence of mind to tell the mother (who was understandably very distraught) to take Hatzolah and have the child taken to Hackensack University Medical Center, which has a really excellent Pediatric Emergency Room. That is what happened

The idea that the police could order the child taken to the local hospital over the mother's wishes is chilling.

Yes, I know the father's views here about Hadassah were rather crackpot. But Shaarei Tzedek is nothing to sneeze at either. The father didn't say to leave the child home. You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.

79

 Oct 30, 2009 at 03:19 PM formally Says:

Reply to #78  
Lawyer Says:

It is rather shocking to read that EMTs are empowered to overrule a parent's decision as to where to take there children to be treated. We recently had a rather serious accident in our town involving a child. Two different EMTs showed up -- the regular town paramedics and Hatzolah. The former will only take your child to the local hospital, which is mediocre at best. Hatzolah will take your child where you want.

Fortunately, someone nearby had the presence of mind to tell the mother (who was understandably very distraught) to take Hatzolah and have the child taken to Hackensack University Medical Center, which has a really excellent Pediatric Emergency Room. That is what happened

The idea that the police could order the child taken to the local hospital over the mother's wishes is chilling.

Yes, I know the father's views here about Hadassah were rather crackpot. But Shaarei Tzedek is nothing to sneeze at either. The father didn't say to leave the child home. You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.

I agree,

it is not like the father said no doctor no hospital.
Imagine you have a heart attack and you want to go to A hospital, but emt says no we will take you to B hospital since it has better cardiologists

80

 Oct 30, 2009 at 03:46 PM Rangers goalie Says:

I think you all are missing the bigger problem. Why doesn't Shaarei Tzedek hospital have a better burn unit than it has? What if someone lives a lot closer to ST should they be driven to Hadasah? How much time is wasted by doing that? And besides didn't the doctor in post# 33 state that ST DOES in fact have a burn unit??
I think you all are just Cheraidi bashing. Not only are you belittling tremendously our Rabeyims status and respect, but I bet you would have done the EXACT same thing if it was your child and you knew the consequences that possibly could happen at Hadasah. So don't come here and write your holier then thou, pompous rhetoric about how the father should be jailed or institutionalized or have boiling water poured on him, or the child(ren) taken away from him etc. You people just love talking like that. And you know you are PHONIES! Al todin es chavaircho ahd shetagiah limkomo, and kol haposel b'mumo posel! It's easy for you to talk big but when and emergency arrives Ch"v you'l do what YOU think is right not what WE think is right. And again go back to post # 33 ST is good enough for this type of injury. But again if you can stick it to charaidim............

81

 Oct 30, 2009 at 05:02 PM formally Says:

Reply to #80  
Rangers goalie Says:

I think you all are missing the bigger problem. Why doesn't Shaarei Tzedek hospital have a better burn unit than it has? What if someone lives a lot closer to ST should they be driven to Hadasah? How much time is wasted by doing that? And besides didn't the doctor in post# 33 state that ST DOES in fact have a burn unit??
I think you all are just Cheraidi bashing. Not only are you belittling tremendously our Rabeyims status and respect, but I bet you would have done the EXACT same thing if it was your child and you knew the consequences that possibly could happen at Hadasah. So don't come here and write your holier then thou, pompous rhetoric about how the father should be jailed or institutionalized or have boiling water poured on him, or the child(ren) taken away from him etc. You people just love talking like that. And you know you are PHONIES! Al todin es chavaircho ahd shetagiah limkomo, and kol haposel b'mumo posel! It's easy for you to talk big but when and emergency arrives Ch"v you'l do what YOU think is right not what WE think is right. And again go back to post # 33 ST is good enough for this type of injury. But again if you can stick it to charaidim............

yes we all know about hadhassha

they care about children, ( as opposed to you who rather have a child die, ) and are not scared of the cheridiem and will report an abusive motherl to the authorities

they should be commended for saving a young child from its abusive mother .
I hope all hospitals are as diligent as hadhsha

82

 Oct 30, 2009 at 03:44 PM frum but normal Says:

Reply to #38  
Milhouse Says:

Arrested? For what? Even if he was totally making it up, which you don't know, what possible charge could lie against him?

Don't you even want to know who this rabbi is? A chossid listens to his rebbe, no matter what. If the rebbe says not to have an operation, it doesn't matter how many doctors insist on performing it, it will not happen. How many times did the Lubavitcher Rebbe tell people to defy the doctors' opinions? Would you have arrested him too (again, on what charge)? Would you have committed all the people who obeyed him, and all the people who are alive today only BECAUSE they obeyed him and not the doctors? Think about what you're saying.

Of course the LR was different from most people, but the story doesn't say who this rabbi is, so we have no way of knowing whether he too is different from most people.

anyone dispensing medical advice and is not a licensed doctor is breaking the law and is endangering life,
as far as the stories with the lubavitcher rebbi is concerned,i hope you are smart enough and realize that 99% of these idiotic rebbishe maiselech is pure fantasy.
and if one of those stories is true,then the rebbe broke the law of the land,and should be punished for it [i used the present tense,because of course he is still alive]

83

 Oct 30, 2009 at 03:43 PM Anonymous Says:

Reply to #78  
Lawyer Says:

It is rather shocking to read that EMTs are empowered to overrule a parent's decision as to where to take there children to be treated. We recently had a rather serious accident in our town involving a child. Two different EMTs showed up -- the regular town paramedics and Hatzolah. The former will only take your child to the local hospital, which is mediocre at best. Hatzolah will take your child where you want.

Fortunately, someone nearby had the presence of mind to tell the mother (who was understandably very distraught) to take Hatzolah and have the child taken to Hackensack University Medical Center, which has a really excellent Pediatric Emergency Room. That is what happened

The idea that the police could order the child taken to the local hospital over the mother's wishes is chilling.

Yes, I know the father's views here about Hadassah were rather crackpot. But Shaarei Tzedek is nothing to sneeze at either. The father didn't say to leave the child home. You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.

You contradict your own words when first you say: " will only take your child to the local hospital, which is mediocre at best." Talking about the incident in your town.

Then talking about what happened in Israel you say: " You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.”

You are very conveniently ignoring that the hospital they took the child to does NOT have a BURN UNIT and the one the EMT's wanted to take the child to DID have one.

I'm glad your not my lawyer.

84

 Oct 30, 2009 at 05:30 PM Anonymous Says:

as an lcsw i can tell you that many a social worker will twist and pull and from nothing create a potentially reportable case. ppl r"l get burnt. accidents happen. there is what to be scared of and bec. of his love for his child he ran the other way.

85

 Oct 31, 2009 at 03:47 PM shimon taylor Says:

Reply to #2  
formally Says:

the father and rebbei who advised him should be arrested for child abuse.

Funny when one of the rebbies needed a hospital didn't he go to Haddasha

To tell you the truth, I, too, would be very hesitant to send my baby, if sick, to hadasa, due to what they did to the baby of this mum, in the famous case.

Perhaps, I could more easily go for myself, and this b'datz rav who went, had a job to do, for certain reasons, to prove that there is no animosity, since thousands of hareidim are at stake in this.

86

 Oct 31, 2009 at 08:44 PM Lawyer Says:

Reply to #83  
Anonymous Says:

You contradict your own words when first you say: " will only take your child to the local hospital, which is mediocre at best." Talking about the incident in your town.

Then talking about what happened in Israel you say: " You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.”

You are very conveniently ignoring that the hospital they took the child to does NOT have a BURN UNIT and the one the EMT's wanted to take the child to DID have one.

I'm glad your not my lawyer.

There is no contradiction whatsoever. My position is that the choice of an individual (or in the case of a child, his or her parent) should be respected, unless the person is so sick as to be mentally incompetent, or unless that choice is so utterly irrational as to be abusive.

If the father had said, leave the child home, we'll say a couple of Tehillim and she'll be alright, that is child abuse. That's not what happened: he said take her to Shaarei Tsedek, which is a perfectly fine, professional hospital. It might not have been my first choice, but it was his, and I don't want a bunch of busybodies screaming "child abuse" to take that choice from him. (Are we now going to hafve EMTs dictating which doctor I see?)

So Shaarei Tsedek has no burn unit. So what. There are fine doctors there who have treated burns and other serious matters. I know people who have suffered serious burns and have been treated in hospitals without burn units. I am sure Shaarei Chesed can do a fine job. (See Post # 58 above)

In short, unless it is very exceptional, the patient (or the parent's) choice controls.

And as for my not being your lawyer, frankly I doubt you can afford it.

87

 Oct 31, 2009 at 08:48 PM Milhouse Says:

Reply to #82  
frum but normal Says:

anyone dispensing medical advice and is not a licensed doctor is breaking the law and is endangering life,
as far as the stories with the lubavitcher rebbi is concerned,i hope you are smart enough and realize that 99% of these idiotic rebbishe maiselech is pure fantasy.
and if one of those stories is true,then the rebbe broke the law of the land,and should be punished for it [i used the present tense,because of course he is still alive]

The stories are true. I know enough of them second- or third-hand, and there are many published letters in which he gives such advice.

But thank you for admitting that you would have arrested him for it. You have outed yourself as a rosho gomur, who is in cherem in this world (for being mevazeh talmid chochom) and has no portion in the Next. Your nickname is a lie; you are not frum. None of your mitzvos are worth anything, or will save you from gehenom. If you are at all concerned for your future, go to the ohel and apologise in front of a minyan.

88

 Oct 31, 2009 at 08:58 PM Anonymous Says:

I think that because these people are maniacs, and they witholding proper medical care from children and endangering their well being, Shharey Tzedek Hospital should not have admitted the child and insisted that the child be taken to the burn unit at Hadassah.

89

 Oct 31, 2009 at 09:30 PM Anonymous Says:

The rabbis should not give a medical decision before knowing the medical history and seeing the patient.

90

 Oct 31, 2009 at 10:17 PM Anonymous Says:

I think that the father's decision was motivated more by a desire not to be investigated for child abuse than it was for any other reason. If the EMT tells the parents that Shaarei Tzedek doesn't have a burn unit, any normal parent would choose another hospital.

By the way, one of the rabbis who instigated the riots, later had to go to the hospital-----and he chose Hadassah!!!!!

91

 Oct 31, 2009 at 11:30 PM Anonymous Says:

Reply to #86  
Lawyer Says:

There is no contradiction whatsoever. My position is that the choice of an individual (or in the case of a child, his or her parent) should be respected, unless the person is so sick as to be mentally incompetent, or unless that choice is so utterly irrational as to be abusive.

If the father had said, leave the child home, we'll say a couple of Tehillim and she'll be alright, that is child abuse. That's not what happened: he said take her to Shaarei Tsedek, which is a perfectly fine, professional hospital. It might not have been my first choice, but it was his, and I don't want a bunch of busybodies screaming "child abuse" to take that choice from him. (Are we now going to hafve EMTs dictating which doctor I see?)

So Shaarei Tsedek has no burn unit. So what. There are fine doctors there who have treated burns and other serious matters. I know people who have suffered serious burns and have been treated in hospitals without burn units. I am sure Shaarei Chesed can do a fine job. (See Post # 58 above)

In short, unless it is very exceptional, the patient (or the parent's) choice controls.

And as for my not being your lawyer, frankly I doubt you can afford it.

"So Shaarei Tsedek has no burn unit. So what. There are fine doctors there who have treated burns and other serious matters. I know people who have suffered serious burns and have been treated in hospitals without burn units. I am sure Shaarei Chesed can do a fine job."

Wow, you are as incompentent as many of us thought.

By the way, many of us can afford the best lawyers which none of us believe that you are. If you were a busy and successful attorney, you would not have the time to be on VIN day and night and dispensing foolish advice at that.

92

 Nov 01, 2009 at 12:01 AM Not just that... Says:

Reply to #55  
Robert Says:

it varies in the usa from state to state..
most states indemnify their agents(their emt's) against criminal and civil action if they follow protocol.

so you have a time sensitive emergency and you wait for the cops to arrive in a patient with decreased legal capacity.. now their is a bad outcome because of the delay (say an acute stroke).. so no criminal charges are filed but how about civil charges (by the survivng spouse) for delay in treatment leading to death?

meanwhile you are off the hook because the cops assumed the liabilty you described(assuming it exists in your jurisdiction) for kidnapping..
so according to your legal department, are the police possibly at risk for criminal kidnapping charges?
most emts are compassionate professionals who serve people at a vulnerable time .. they usually rise to the occassion.

Protocol comes after many other legal strictures, including consent. Your protocol cannot violate patient consent rules, either inherently or situationally. Further, the indemnity (usually in Good Samaritan laws or their parallels for emergency providers) do not generally cover you for either gross incompetence or violating consent rules.

You are correct about decreased legal capacity, but it would be irrelevant. The parents of this burned child did not have diminished capacity; you just think they are foolish. Even if it were relevant, there are some issues with decreased capacity. I fthe patient (or guardian) is unconscious, you can use implied consent. Decreased capacity also relies on implied consent, but it less clear. For example, the drunk who refuses treatment -- you might be OK by ignoring his protests, because he can't make decisions and you should therefore have implied consent. Most EMS will not rely on that, and will wait for the drunk to either come around, or completely pass out (making implied consent clear-cut).

93

 Oct 31, 2009 at 11:53 PM Not just that... Says:

Reply to #46  
MD EMT Says:

No, protocol is exactly what will save my butt. Violating it is what will lead to criminal charges. If they refuse transport but aren't of mind to do so, the cops become mommy and daddy to them and make the decision for them. Without the police, yes it is legally kidnapping. With the police, it's the cops' decision and I'm off the hook. That *is* the legal advice we have received.

No cop in the US is going to put a patient in protective custody for wanting to go to a hospital that is different from your protocol, unless the cop determines that the patient is acting markedly irrationally. Choosing their favorite hospital over the specialty hospital is not by itself irrational.

94

 Oct 31, 2009 at 11:49 PM Not just that... Says:

Reply to #14  
MD EMT Says:

Things must work *very* differently there. Here in Maryland where I am a certified EMT-B, it is *PROTOCOL* to take certain patients to certain types of facilities. If I deviate from the protocols (which are legal standing orders from the doctor under whose license I and all EMTs practice our care), I can have my certification revoked and face criminal charges. It doesn't matter how much the patient (or pt's parent) fights or argues, protocols are protocols. If it takes a call to the cops, then that's what it takes!

You are mistaken. The patient has the right to refuse and/or direct treatment, including which hospital they want for transport. You have only a few choices:
1) agree with them
2) refuse their selected hospital, which can be done within reason (outside your service area)
3) get protective custody via the police
Without #3, if you take a patient to a hospital against the patient's will, you've just kidnapped the patient.
#2 merely allows you to invoke protocol to refuse to give the care the patient requested, it doesn't allow you to perform care/transport that is against the patient's wishes.

95

 Nov 01, 2009 at 12:19 AM Not just that... Says:

Reply to #83  
Anonymous Says:

You contradict your own words when first you say: " will only take your child to the local hospital, which is mediocre at best." Talking about the incident in your town.

Then talking about what happened in Israel you say: " You would have a very tough time convincing me that it is "child abuse" to prefer to take your child to one hospital over another.”

You are very conveniently ignoring that the hospital they took the child to does NOT have a BURN UNIT and the one the EMT's wanted to take the child to DID have one.

I'm glad your not my lawyer.

You have no clue about what #78 wrote. He's saying local EMS don't give the option of the better hospital, their protocols restrict them under most circumstances to a hospital he would not use. Local EMS still can't a patient to go there, they can only say "I'm sorry, we have to go to St Murky or we have to refuse to transport you."

That has nothing to do with the case in Israel. 78's point about that was that if you prefer the mediocre hospital, that's your right. If his local Hatzolah said "let's go to Hackensack," and he said "no, I want St Murky," then I can guarantee you Hatzolah would take him there, though they might inform him that in Hatzolah's opinion, St Murky is not a good choice.

So what if the hospital does not have a burn unit? Not every trauma goes to a trauma center, not every cancer patient goes to a cancer center, not every burn goes to a burn center. There are sometimes valid, overriding concerns s.a. speed of care, a particular doctor, bad experience with the specialty center (!).

96

 Nov 01, 2009 at 08:38 AM Anonymous Says:

Reply to #33  
Robert Says:

fortunately there are only second degree burns on less than 20% of her body.
she will most likely not be an a burn ICU and
she will most likely heal regardless to which hospital she is admitted. and if done correctly should have minimal or no cosmetic defects.
i certainly respect a father/parents preferences in these matters.. there are sad reasons for these preferences and while i dont agree with him here he did make a medically valid decision.
he has a right to treat his child in the manner he feels is best (within rational guidelines.. and he certainly made a rational judgement)

as a practicing surgeon ( i havent treated burns in years) here in the usa, i would have taken my child to hadassah for obvious reasons and agree with the ambulance /emt triage assessment.... on the other hand it certainly is not wrong to take her to a different facility of high quality.
had the burns been more extensive(over 40% of body surface area) or of greater severity (third degree burns) then a specialized burn unit would in my judgement be the correct choice..
let this be a lesson to us all to stop the fighting and bickering

I'm not a Dr. like you are, but my nephew spilled 6oz of scalding water on himself.....he spent a little over a month at Cornell Burn unit, needed a skin graft & needed to wear a compression suit for almost a year, yet the burn was not even on 10% of his body. So saying that it "only on 20%" doesn't indicate the severity of it. Her age alone should have been the deciding factor.

97

 Nov 01, 2009 at 11:00 AM Robert Says:

Reply to #92  
Not just that... Says:

Protocol comes after many other legal strictures, including consent. Your protocol cannot violate patient consent rules, either inherently or situationally. Further, the indemnity (usually in Good Samaritan laws or their parallels for emergency providers) do not generally cover you for either gross incompetence or violating consent rules.

You are correct about decreased legal capacity, but it would be irrelevant. The parents of this burned child did not have diminished capacity; you just think they are foolish. Even if it were relevant, there are some issues with decreased capacity. I fthe patient (or guardian) is unconscious, you can use implied consent. Decreased capacity also relies on implied consent, but it less clear. For example, the drunk who refuses treatment -- you might be OK by ignoring his protests, because he can't make decisions and you should therefore have implied consent. Most EMS will not rely on that, and will wait for the drunk to either come around, or completely pass out (making implied consent clear-cut).

thank you for your thoughtful post..
as you write, these issues of consent are not clear cut..
add to the fact that an ambulance ride is usually a crisis situation and you can see where honorable people with the best of intentions can disagree..
the definition of informed consent in the best of times (ie not emergent) might be considered an oxy-moron. unfortunately these definitions from a legal perspective vary from state to state.. i have no idea what the civil law in israel is nor the halachic laws about consent for medical treatment.

i am not a lawyer, however after reading your post it may be time to put a lawyer in the abulance too...i guess he would be there to protect the ambulance crew and the ambulance owners be it government or private.. in some medical emergencies time is so so critical that even wasting 5 minutes in legal mumbo jumbo might jeoperdize a patients long term outcome. in the case of the burned child in this article the luxury of more time was available.

98

 Nov 01, 2009 at 10:49 AM Robert Says:

Reply to #96  
Anonymous Says:

I'm not a Dr. like you are, but my nephew spilled 6oz of scalding water on himself.....he spent a little over a month at Cornell Burn unit, needed a skin graft & needed to wear a compression suit for almost a year, yet the burn was not even on 10% of his body. So saying that it "only on 20%" doesn't indicate the severity of it. Her age alone should have been the deciding factor.

i am sorry for your nephew..
if he needed skin grafting, then it was a third degree burn and as i posted (please carefully read it) that is a different situation and ofcourse a burn unit is appropriate.

people often go to the beach and sunburn over 60% of their bodies .these are almost all first degree burns . and they dont need a burn unit, they dont need hospital admission.. (they need some seichel but that is another discussion).. these people do well with ointments and painkillers.

you are correct that age is a factor and so are numerous other issues.. social environment, concurrent illness such as diabetes or immune deficiencies, location of the burns, and being with a doctor who knows and loves his patients..

ultimately, as you see these issues are not black and white and there is no clear correct answer here in my judgement. parental/patient preferance is in my opinion a major consideration, perhaps the most important one. again as i posted, if it was my toddler i would choose hadassah because they have more backup available ie a burn unit.. however in my opinion sharee zedek is a more than acceptable choice and i respect the parents decision.

99

 Nov 01, 2009 at 01:55 PM Anonymous Says:

gosh who boycotts a hospital???

100

 Nov 01, 2009 at 05:18 PM Rangers goalie Says:

Reply to #81  
formally Says:

yes we all know about hadhassha

they care about children, ( as opposed to you who rather have a child die, ) and are not scared of the cheridiem and will report an abusive motherl to the authorities

they should be commended for saving a young child from its abusive mother .
I hope all hospitals are as diligent as hadhsha

"as opposed to you who rather have a child die' Now where in the world did you get that idea from? ST has a burn center and are you calling me here on the board a willing murderer of a child? Why don't we meet somewhere and I'll show you who I REALLY am. Hey weren't you already banned from these boards for being an am hoh-orets? Aren't you also an admitted apeekores anyway?

101

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