What happens if you discharge yourself against medical advice?

Discharging yourself from hospital against medical advice can result in serious consequences, like making your condition worse, or in some cases, death.

If you are considering discharging yourself from the hospital, it’s important to be aware of the risks associated, who’s liable and whether hospitals are within their rights to refuse your discharge. 

There may be several reasons why you feel ready to leave hospital, even against medical advice. However, it’s critical that you think about the risks and whether you properly understand your diagnosis, prognosis or the consequences of leaving the hospital.

Why do patients leave hospital against medical advice?

Patients may discharge themselves against medical advice for many reasons, most often when they have waited long periods of time without being seen, leaving out of frustration. 

In other circumstances, a patient may believe it’s safe to leave once they begin to feel better after some treatment, while others may choose to leave because they disagree with the proposed treatment or management plans offered by the hospital.   

What is the risk of leaving the hospital too soon?

It’s important for hospital staff to assess your capacity and ensure you are given adequate information about the consequences of discharge. Most hospitals will have policies and protocols that outline the appropriate steps to take when faced with this situation.

The greater the risks associated with discharge, the more important it is for the hospital staff to strictly follow these policies and protocols. 

Consequences of leaving the hospital early may include: 

• worsening your condition
• unexpected complications and symptoms
• in extreme circumstances, serious injury or death, and
• being solely responsible for what happens after your leave.

Who's liable if you leave hospital against medical advice?

In most cases, you are liable for any further injury or illness sustained or worsened by discharging yourself from hospital prematurely or against medical advice. 

However, there are scenarios where the hospital may become liable, such as:

• failing to adequately explain your potential diagnosis, the risks or medical consequences, before you leave
• having unreasonable delays in treatment, especially in emergency departments

An example of this is where a patient sustains a head injury in an accident and waits over six hours in a busy emergency department.

Frustrated and unaware of the severity of their condition, they leave the hospital before being assessed. Later, they subsequently suffer a stroke caused by a brain hemorrhage, resulting in permanent neurological damage. 

In this situation, the hospital may face a medical negligence claim for delayed diagnosis and treatment, although the patient’s decision to leave may reduce the hospital’s liability.

What is contributory negligence? 

Contributory negligence occurs when the patient is partly responsible for their own injuries due to the decisions they make.

In medical negligence cases, this defence is often limited because doctors have significantly more medical knowledge than patients. 

However, if a patient fully understands the risks of leaving hospital and chooses to discharge themselves against medical advice, a court may find them partly or fully at fault for any harm they suffered.

Can hospitals refuse to let you leave?

If a patient lacks the capacity to understand the risks, hospital staff can legally continue treatment and refuse to allow discharge in some circumstances. However, if a patient who has capacity insists on leaving, doctors generally cannot stop them. Forcing such a patient to stay in hospital could lead to claims of false imprisonment or battery, although such cases are rare, especially in the context of emergency treatment.

When to speak to a medical negligence lawyer 

If you or a loved one has suffered harm after leaving hospital, or if delays in care contributed to your decision to leave, you may have a claim for medical negligence. We've successfully represented hundreds of patients and their families with their complex and sensitive medical negligence claims. 

We’re here to help 

Our team of experienced medical negligence lawyers are here to help you understand your legal options and achieve the best possible outcome for you. Contact us today.