Can a hospital let a patient leave on his own with serious head injury and halucinations?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a hospital let a patient leave on his own with serious head injury and halucinations?

A friend has serious head injuries and is trying to leave the hospital, hallucinating about the monitors and nurses new world order conspiracy theory stuff and putting up a violent fight. The doctors say if he wants to leave they must let him. He also had no insurance. is there anything the family can do to keep him there as he is clearly not in his right mind?

Asked on December 11, 2017 under Malpractice Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless and until he is judged mentally incompetent and a legal guardian appointed for him--which will take a legal proceeding and typically weeks (or more) of time, even if expedited as much as possible--he may check himself out. A legally competent adult, which is any adult not declared legally incompetent by a court, can make his own medical care decisions, even if it is a very, very bad idea and against the advice of doctors and family. If you wish to look into having him declared incomptent, consult with an attorney who works with the mentally ill or elderly (e.g. elderly with dementia or Alzheimer's)--they be the ones with experience in this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption