Legal right to leave hospital?

[HotI]

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

[Tegam]

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

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

[Lisa]

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.

[sloane]

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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[Novella]

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

[AndiE]

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.

[Jas]

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

[LimeSlice]

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?

[FabFiona]

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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[Ca Plane Pour Moi]

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.

[HotI]

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.

[HotI]

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?

[Novella]

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

[meow]

Getting the catheter removed could be an issue. I was trying to sign myself out of a hospital once, very much against the doctor's wishes and it took HOURS. The nurses stall and stall with the paperwork and getting you sorted. I'm trying to remember why I was waiting, maybe I was trying to be good? But I'm wondering if I had an IV that they had already said could be removed and I had to wait for that. Wish I could remember properly but I think that may have been the case. In any case I do think they'll stall on removing the catheter if they don't want you to leave. They were making me waiting for my surgeon to visit and he was held up. I didn't mind not seeing him, I knew I was good to go and was content with the decision.

If things get really hairy I'm sure they'll find something "medically wrong" with the baby if they really want to keep you there too. But then, I'm a cynic.