thread: Legal right to leave hospital?

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  1. #1
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    Legal right to leave hospital?

    I am looking for some info, preferably written, for a friend on a person's legal rights to leave hospital after giving birth.

    Also, info on your rights to refuse treatment once it has been started e.g. to have a catheter removed

    Any info on where to start looking would be appreciated.

    thanks

  2. #2
    Registered User

    Jan 2008
    Brisbane
    5,039

    Hey hoti one of the common five rights is the right to refuse.

    I have also signed myself out after two of my births.

  3. #3
    Registered User

    Feb 2006
    Newcastle, NSW
    4,219

    I've signed myself out of hospital a few times now. Once after a miscarriage and once after a car accident. Both times the hospitals have asked me to sign a statement that says that I had gone against medical advice etc etc. I have also refused numerous tests etc, especially during pregnancy. Sorry I haven't helped you with the proper avenues to find the information, but as Tegam mention, refusal is a common right.

  4. #4
    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

  5. #5
    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.

  6. #6
    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

  7. #7
    Registered User

    Jul 2008
    Melbourne
    3,244

    im not sure if it's relevant but i came across something called 'the australian charter of healthcare rights in victoria' (i think!) the other day. if you google it (or there's links from the alfred's website) it might have something. it does talk about your rights as a patient but im not sure if it's specific enough or just more high level

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  8. #8
    Registered User

    Oct 2008
    Newport, VIC
    1,885

    I'm assuming as the babies guardian you have full charge over their medical decisions. However the doctors can call in DHS who could then apply to the court for temp guardianship if they felt strongly enough.


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  9. #9
    Registered User

    Jan 2006
    8,369

    So, the same hospitals who ignore us when we say we don't want to be sliced up/induced/touched/bullied are going to let us have our right to leave hospital when we want and with our children if we choose?

    Yeah, don't believe that one. Not unless they need the bed for someone else.