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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1113
Experience:  Licensed attorney helping individuals and businesses.
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In Ohio, is a general hospital allowed to refuse "Discharge

Customer Question

In Ohio, is a general hospital allowed to refuse "Discharge against medical advice", if the patient had attempted suicide, but they're only on a " medical hold", not "pink slip"? They're withholding the filing of the " pink slip" until I'm medically stabilized and cleared (Liver), or if I attempt to leave?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Infolawyer replied 1 year ago.
Hello, how are they defining medical hold? is there a court order? did you self commit?
Customer: replied 1 year ago.

I self committed to an ER due to a suicide attempt, however, I aborted the suicide almost immediately and induced vomiting. I was examined by a medical doctor and a psychiatrist, and I was taken upstairs in "medical hold" to ensure my liver is fine. There is no court order, and no pink slip in effect. Only a medical hold. I was not allowed to discharge myself against medical advice due to the the suicide attempt. However, a pink slip was never in effect. They're waiting until they make sure my liver is fine to send me to an inpatient psychiatric unit, and that's when they're gonna put the pink slip into effect. I was in the hospital since Monday (4 court days), but I'm still not allowed to leave.

Expert:  Infolawyer replied 1 year ago.
You need to be allowed to leave given the absence of the slip. The hold to ensure your health is suggested but not a bar to discharge.
Customer: replied 1 year ago.

I've contacted the disability rights of Ohio, and they got in touch with the hospital's legal department, but the disability rights of Ohio said that although, the way they detained you maybe considered borderline unethical, they have not broken any laws so they will close my case. Is the hospital allowed to refuse to let me leave until they make sure my liver is stable even in the absence of a pink slip? Also, they threatened me with a pink slip if I tried to leave. Can they do that?

Expert:  Infolawyer replied 1 year ago.
They are likely concerned you will sue if hurt yourself or not fit to leave. There is a propensity to be more conservative. They could advance the pink slip if view a serious harm. You may want to agree on an agreed date for departure to avoid that.
Customer: replied 1 year ago.

They have not proposed a departure date. They said when I'm medically cleared, they will forcibly transport me to a psychiatric hospital, and that's when I will be pink slipped. Are they allowed to do this? And Are they legally allowed to refuse to let me leave at this point?

Expert:  Infolawyer replied 1 year ago.
If they reasonably believe you are a danger to yourself then they may take such steps.
Customer: replied 1 year ago.

Even without a pink slip? And without a timeline? How can they hold me against my will indefinitely and without a pink slip (they cannot pink slip patients to general hospital beds).

Expert:  Infolawyer replied 1 year ago.
where concerned for your safety. You may have a lawyer apply to the court for your release.
Customer: replied 1 year ago.

Do I have grounds to file a lawsuit for false imprisonment and/or detention under false pretenses?

Also, I understand they're concerned for my safety and their liability if I'm released. However, aren't there explicit laws in Ohio that protect me from such detention? For example, "imminent danger" is typically interpreted as danger within 24 to 72 hours. It has been 4 court days already. Also, why doesn't the "Discharge against medical advice" law apply to me since I'm not pink slipped?

Also, I have yet to hear a response for any local lawyer regarding my case.

Expert:  Infolawyer replied 1 year ago.
You would need a local lawyer to pursue further if they wont release you and you believe not a danger to self.do you want a directory for finding local counsel?
Customer: replied 1 year ago.

I do have a directory of the columbus bar association, but I'm unable to find an attorney. I contacted multiple attorneys, some of them refused to represent me due to conflict of interest and others I have yet to hear back from.

At this point, do you think the hospital is in violation of my rights based on the information I gave you? Are they allowed to refuse "Discharge against medical advice", even if they did not pink slip me? Are they allowed to force me to wait until they make sure my liver is fine before forcibly transport me to a psychiatric hospital?

Expert:  Infolawyer replied 1 year ago.
It is not possible to definitively say. Court would hold hearing on facts to determine if danger to self.
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. I wish you the best. I trust the answer has been helpful. kindly let me know.

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