thread: Legal right to leave hospital?

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  1. #1
    Registered User

    Apr 2008
    Adelaide
    1,741

    Unless detained under the mental health act you have a right to refuse treatment or self discharge

    here is a link to the socument we give patients at work in a SA public hospital

    http://www.google.com.au/url?sa=t&rc...wZfe_CJkO0HobA

    If you know the specific hospital by law they should have an equivalent document available otherwise as sloane said there will be one for the state you are in. A hospital may request you sign a document stating you are discharging at own risk/refusing treatment to cover thier backs. Good luck to your friend

  2. #2
    Registered User

    Jun 2007
    Brisbane
    1,621

    I too signed myself out of hospital against dr's advice and had to sign something to say I took responsibility blah blah blah. In my case I was pg with DS1, my waters broke at term, I went in to hospital as per advice and was only 1-2cm dilated. So I asked to go home to establish labour. The Ob on duty wanted me to stay because my waters had broken and I had gestational diabetes. Given my contractions were irregular and I had no high risk factors for birth (as if my under control GD would impact on my labour), I opted to discharge myself as there was no way I was going to be put in a strange room, hooked up to a monitor and treated as an intervention-waiting-to-happen. So I went home and went back to hosp 3 hours later at 7-8cm dilated.

    Sometimes you've got to take responsibility for your health and wellbeing. It also means you have to be responsible for any consequences, but provided you weigh up the pros, cons and risks and make an informed choice then there shouldn't be an issue.

  3. #3
    BellyBelly Member

    Oct 2006
    Queensland
    2,039

    I'm not sure where you would find written info but unless she's been taken there from prision she can leave at any time haha but I'd say I'd want to know why the catheter was put in in the first place? It sounds like your friend doesn't trust her care provider..this is what is wrong with the maternity system in my view, woman should have access to continuity of care with a care provider of their choice so they can trust and feel informed and be able to give consent for interventions and not later feel as though they have made wrong decisions or need to escape....not saying you friend is or isn't feeling this way, I totally realise she may just want to get back to the comfort of her own home..it just sounds like it might be otherwise due to the catheter situation

  4. #4
    Registered User

    Dec 2007
    Victoria
    7,260

    How does the right of refusal cover the baby? Does it extend fully, or do they have rights to keep the baby if you are wanting to discharge the baby against medical advice also?

  5. #5
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    How does the right of refusal cover the baby? Does it extend fully, or do they have rights to keep the baby if you are wanting to discharge the baby against medical advice also?
    I believe that normally a baby is not a patient after birth unless they require medical treatment. If the child becomes a patient, and you want to discharge them against medical advice then I guess you risk the hospital calling child protection if they feel serious enough about it.
    Maybe divvy might know more.

  6. #6
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    My mate is not yet in hospital but trying to prepare after a not so good experience last time. I have checked out the ideas post ed and will pass on the info. The hospital has some info on their website but not nowhere specifically says that you have the right to refuse. Wouldn't want to encourage people, eh?

  7. #7
    Registered User

    Apr 2008
    Adelaide
    1,741

    Most large hospitals have a patient advisory service that can help with specific questions.