Can a patient get up and walk out of a hospital at his/her discretion? Or, can they legally restrain you?
Question:
I'm afraid that might not sit well with me unless I was being held by the police or something.
Is it legal to hold a person in a medical facility against his/her wishes? What is the legal on this?
Answers:
a patient can leave AMA (Against Medical Advice); however usually this includes signing paperwork stating you will not hold the hospital responsible for the consequences and that you have been advised by hospital staff that they have informed you that leaving could be detrimental to your condition. Only if you have been committed for mental observation and the court has ordered a 72 hour hold can they hold you against your will. This may vary from state to state.
I'm pretty sure if you're not mentally stable, you can be held against your will.
i dont think they can hold you cuz they have to get consent from you before they can perform any medical procedures on you. . . i believe
Patients have the right to refuse treatment. Hospitals cannot physically force you to stay. They may try to convince you to stay.
However, I don't know about mental instutions and their policies.
If you are considered to be a "danger to self or others" they can subdue you physically if necessary, and keep you locked up, without first obtaining any sort of court order. They have to evaluate you in a certain period of time, but I think this period of time varies from place to place.
If you get up and leave a hospital, you leave AMA (against medical advice) you would have to sign a paper waiving all claims against the hospital in the case of something happening to you due to leaving. As for holding you against your will, I think the only way they will physically hold you is if you are violent with others or with yourself.
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