Can I legally refuse further care from a hospital?

Business 5 views 4 answers
I'm currently stuck in the hospital after giving birth to my daughter due to the fact that I keep getting fevers and they cannot figure out why. They have done multiple blood tests and they have done a scan and even an ultrasound. I am tired of being here, and want to be released.

Attorney Answers

4
Eliot Wolf ·
You can sign yourself out of the hospital against medical advice and will be asked to sign a waiver for that purpose.
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Christopher Edward EzoldHealth Care LawyerBala Cynwyd, PA ·
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. That being said, you can refuse care unless you are incompetent; it does not sound like that is an issue from your question. You may be asked to sign a waiver, but you do not have to sign one in order to be released. /Christopher E. Ezold/
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Lawrence A. LaddagaHealth Insurance AttorneyNorth Charleston, SC ·
Agreed you can leave hospital against medical adv E but is your newbie RN daughter still there with you? If your newborn has already gone home, fine, but if not be careful if they raise the issue of you're not being able to care for her in your condition and wanting to call child protective services if you leave.
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William Hopkins ·
I agree with all of the previous lawyers that you can obviously remove yourself from this situation, and the hospital, by signing the appropriate paperwork and acknowledging that you are leaving the hospital against medical advice (AMA). That is just a matter of paperwork. As one of the responders referenced, I don't think leaving the hospital should be your biggest concern. If I was representing the hospital, my concern regarding letting you leave the hospital would turn on your physical condition and your ability to take care of yourself and a newborn baby. Depending on your physical condition and what symptoms you were manifesting, I think there is a strong argument that the hospital has an obligation to strongly consider whether releasing the baby in your custody is in the best interests of the baby. You are an adult, so you can accept or deny whatever treatment you want, but there are different considerations regarding the baby. They may also feel like they have reporting obligations, depending on how deep their concerns are regarding your condition and the safety of the baby. Since a fever can often represent some sort of infection, there would be a concern that you might have something going on with you that might affect the baby, especially if your intent was to breastfeed. In short, whatever might be wrong with you, might be passed on the to baby. In the hospital, that type of situation could be monitored, caught early and resolved, but at your home, you would not necessarily know if something had gone wrong until the baby started showing signs of fever or other symptoms. Obviously, that would be a very tragic outcome that I think everyone would like to avoid. Since no one appears to know what is wrong with you, this is all speculation and discussion based on possibilities and should not be taken too literally, but should be understood to represent the "type" of concerns the hospital will probably have in releasing you from the hospital before they feel like you are stable enough to leave. Obviously, I don't know you and I am not your lawyer, but I think it is important for you to consider the "other side" of this situation before you make any decision or create a more difficult decision based on an impulsive choice. Hope this is helpful.
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