Can I get up and walk out of a hospital at my discretion? Or, can they physically stop you and keep you there?
I saw a patient on TV get up and try to leave a hospital. The staff physically restrained him. I don't believe this would sit well with me if I were that person.
If I want to leave a place (unless I've been arrested or something), no person should be putting his/her hands on me or impede me in any way.
What is the legal position of the patient?
Answers:
if you are committed to a mental hospital by a legal process then you can be stopped..if you enter any hospital voluntarily, you can dismiss yourself but must sign a release first absolving the hospital of any liability.
Most hospitals give you the right to refuse treatment, which I believe would include forcing you to stay against your will. But, they will also require you to sign papers absolving them of responsibility and stating that you are leaving against the advice of the doctor. My dad did this! Walking heart-attack / stroke victim, but he refused all medical care.
You can leave AMA (Against Medical Advice) if you choose.unless you are psychologically a threat to yourself or others.
Or a physical one (i.e. you are a TB patient who won't take meds, have the Plague, etc.)
unless you are there as a mental patient you can leave at will, that is, you can sign out against medical advice. once you do however, your insurance will not pay a dime for your visit or any part of your visit. but no one can restrain you or make you stay. never believe things you see on tv. if we as nurses could say and do what they do on tv we be thrilled to death!!
You should sign papers to be released other wise they do not have to take you back...Ponder
This all depends on the situation you are in. If, for example, you have a known communicable disease like TB, then you can be kept in quarantine against your will. The rights of the public to be safe from some one who has a communicable disease outweigh your individual rights.
If you, as others have pointed out have voluntarily entered the hospital, you have the right to discharge yourself at anytime.
My father has been in this situation before. One doctor got laid flat on his face and a male nurse got a tooth chipped.
Needless to say he left, but he had to go back a few days later because his eye, the reason he went in the first place, became infected. They would not admit him when he went back so we had to go to another county to for him to be treated.
If you are not a mental patient, and are not under the custody of the court, then you can leave at will. They may ask you to sign that you refuse treatment.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: