Discharge From Hospital Against Medical Advice (AMA)
If you were a patient in the hospital and you asked if you could go home, what would you do if the nurse or doctor said you could leave as long as you sign a discharge form? Would you sign the form and leave? What if you took the time to actually read the form and you discovered that it says you are leaving against medical advice?
Believe it or not, a surprising number of patients get discharged from hospitals against medical advice. This is the first article in a series of articles which discuss the problem. In this article, we’ll focus on what the form typically says.
Above the doctor’s signature are the following statements:
(1) In my best judgment, the patient is alert, oriented, and has the ability to understand his or her current situation.
(2) I have explained to the patient in clear language the nature of his or her medical problem and what the outcome may be if not treated.
(3) The form then has a place for the doctor to indicate what the diagnosis is, and another place for the doctor to write down the possible consequences of non-treatment.
At the bottom of the form is a place for the patient’s signature, and the following language: “I do hereby release and hold harmless the hospital, its employees, and the medical staff of and from any and all liability which may arise from my departure from the hospital against the advice of my physician.
Imagine a case where the doctor writes on the form that a possible consequence of non-treatment is ‘you may die.” Now imagine that the patient leaves anyway, and then dies the same day.
An important issue is the patient’s capacity to really understand the risk of leaving. We’ll talk about this in the next article.
If you or a loved one has a question about a discharge against medical advice, contact a Delaware medical malpractice attorney to learn what your rights are.
