In Vendée, the State Council refuses the transfer of an emergency patient to the departmental hospital center

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The Council of State confirmed that there was no reason to order the emergency transfer of a patient from Luçon hospital (Vendée) suffering from a degenerative brain disease to La Roche-sur-Yon hospital , as one of his relatives demanded.

A relative of this patient had in fact urgently contacted the judge of the administrative court of Nantes to obtain such a “transfer” so that she could be admitted “to the specialized department corresponding to the serious illness from which she suffers” in La Roche. -sur-Yon.

There was “urgency” to pronounce such a measure given “the existence of a high risk of recurrence of hemorrhage cerebral”. The applicant also had “serious doubt” about the possibility of the Luçon hospital center to “provide the necessary care” to this patient.

However, an MRI revealed on July 25, 2024 that she suffered from “cerebral amyloid angiopathy”, an age-related neurodegenerative disease. She had also been admitted to Luçon hospital eight days earlier after having “showed signs of a cerebral hemorrhage”.

The applicant therefore wanted her to benefit from “permanent monitoring of her blood pressure”, “neurological monitoring” and MRI examinations, even though the hospital center does not have such equipment or elsewhere neurologist.

A “day transfer” possible

But “it does not result […] documents produced by the parties that the monitoring of Ms. XXX's pathology and a possible risk of recurrence – the probability of which remains uncertain – could not be ensured […] [à] Luzon,” the judge in summary proceedings ruled in an order dated 1^is August 2024. “No medical evidence capable of establishing such an impossibility has been produced. »

And it was “no more demonstrated” that his state of health would justify an “emergency transfer”: “no element” appeared to “prevent” the MRI examinations and “specialist consultations” possibly required from being carried out. as part of a “day transfer” from Luçon. No “useful measure” could therefore be ordered.

“Distorted the facts and documents in the case”

The applicant then filed an appeal before the Council of State on August 14, 2024: he considered that the decision of the summary judge of the Nantes administrative court was “insufficiently reasoned” since it did not respond to the “determining elements” that 'he invoked.

He also argued that the Nantes magistrate had “distorted the facts and documents in the case” by ruling that the Vendée hospital center was “able to take care of” the patient “under the conditions required by her condition”.

But “the appeal to the Council of State is subject to a prior admission procedure”, establishes the Code of Administrative Justice (CJA). A president of the chamber can therefore decide by order “not to admit […] appeals manifestly unfounded” without “adversarial instruction” or “public hearing”.

And in this case, “it is obvious that none of these means is likely to allow the appeal to be admitted”, considers the magistrate of the highest court of the French administrative order, in a decision dated of October 7, 2024 and which has just been made public. The applicant's appeal was therefore not allowed.

CB (PressPepper)

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