Can a Hospital Force You to Stay – Overview
In rare cases, a patient can be discharged against their consent, known as “involuntary discharge.” Long-term care patients can be discharged from hospitals with the necessary safety and follow-up instructions, regardless of their condition.
Additionally, even if your healthcare provider believes you should stay, you can leave at any time. However, the discharge will be included as an ‘admission of medical advice (AMA). If the doctor believes you are ready to leave, the hospital needs to discharge you promptly, and if you want to leave without the doctor’s permission, the hospital has to allow you to leave.
Can a Doctor Make You Leave a Hospital Prematurely?
Generally, your doctor has a right to deny hospitalization for the most part. However, when a doctor plans to end your care depends on their decision. No rule requires doctors to serve a patient if the doctor no longer wishes to care for the patient or does not wish to treat the patient any longer.
However, you can still refuse discharge from a hospital. You can contact the hospital if you are dissatisfied with the discharge proposal. To do this, you will need to provide a written statement that details your concerns.
In addition, you should speak to the hospital’s Risk Manager and inform them of your concern. Finally, you can simply refuse to leave a hospital if the hospital offers an inappropriate discharge.
There may be instances when a patient refuses to leave a hospital. Such cases usually occur when a patient has been discharged from the hospital, but the doctor expects them to return for additional treatments in the near future. With time, primary care physicians can support your concern about inappropriate discharge by providing collateral and additional evidence.
However, you don’t necessarily have to stay in the hospital once you have been medically cleared to leave. In such cases, the hospital must discharge the patient without delay. This scenario relates to when you wish to leave the hospital despite your doctor advising against it.
Can a Hospital Force You to Stay?
Any person admitted to a hospital has the right to stay at the hospital until they, or their physician, feel that they are well enough to be discharged. A patient cannot be discharged if the insurance company says so. Additionally, hospitals cannot force patients to be discharged if the hospital needs their bed for another patient.
However, the rule exception applies when the doctor or hospital staff considers you to likely harm yourself or others. In such cases, the hospital has the right to keep you involuntarily admitted. Generally, if you disagree with the hospital’s decision to discharge you, then you can file a written complaint to the tribunal.
If you are 14 years or older, then you can request to view your medical records. You can also request an explanation of the information within your medical records if you don’t understand something. In such cases, the hospital should send your medical record to a person with the right to make medical decisions for you.
A legal representative, such as a parent, guardian, or tutor, can communicate with you regularly. Additionally, if you are not in your faculties during hospitalization, you can also ask for another doctor or hospital to track your progress.
Can a Hospital Force You to Stay – How Long Can a Hospital Hold a Patient?
How Long Can a Hospital Hold a Patient?
A hospital can hold you for a maximum of 72 hours. The most common reason for the hold is when the patient is in grave condition or in immediate danger to themselves or others. Depending on their circumstances, three different criteria allow hospitals to hold a patient involuntarily.
In contrast, no hospital or doctor can force a patient to take action if they are competent and refuse to receive any medical treatment.
Can a Patient Refuse to Be Discharged?
Yes, a patient can refuse discharge from a hospital. However, the hospital may use the involuntary discharge option in such instances. The hospital will need to follow certain steps before giving involuntary discharge, which include providing patients with notice and an opportunity to appeal the discharge decision in front of a tribunal.
Though you are not required to leave, you will likely be charged for the hospital services. Therefore, it is necessary to know your rights and the procedure for appealing. Regardless that you may not always win this appeal, this procedure can provide you with additional Medicare benefits.
On the other hand, if you are dissatisfied with the hospital’s discharge decision, you should contact the hospital directly with a written appeal. Ensure that you notify the hospital’s Risk Manage that you are unsatisfied with the hospital’s decision to discharge you. If the hospital offers a discharge that is not satisfactory as a patient, you have the right to refuse.
Additionally, the doctor has the right to provide a non-discriminatory reason before discharging you. However, this procedure can be quite complex in some cases. Doctors must avoid making claims of patient abandonment to prevent facing legal trouble.
When Can a Patient Be Forced to Leave?
As a patient, you may only sometimes be able to check yourself out of a hospital. This is usually when someone else is legally responsible for you.
For instance, you may lose the right to voluntarily discharge yourself if you are temporarily committed to a psychiatric ward. This can happen if you are suffering from the following:
- Behavioral health problem
- Substance abuse problem
- considered as a threat to yourself or others
The hospital has the right to petition the court, and if the court agrees, you can be forced to be hospitalized temporarily.
Conclusion
In short, a patient can be discharged if the doctor believes you are sufficiently treated. However, the doctor nor the hospital can force you to leave immediately. If you believe your discharge is premature, you will need to write an application to the hospital’s Risk Manager and a tribunal.
References
https://www.health.ny.gov/publications/1449/section_2.htm
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2664598/
See Also
How to Improve Patient Comfort?
Can You File Bankruptcy on Medical Bills?
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