- April 3, 2023
- Alerts
What to Do When A New York Hospital Patient Refuses to Leave
What happens when a hospital develops a safe discharge plan for a patient but the patient does not agree and refuses to leave the hospital? What can a hospital do?
Under New York law, a hospital that has developed a safe discharge plan for a patient can seek mandatory injunctive relief from a court if a patient refuses to leave. If granted, the court will issue an order that requires that patient to leave the hospital, despite the patient’s dissatisfaction with the discharge plan. Because hospitals are not hotels, patients are expected to leave a hospital once there is a safe discharge plan in place and the need for acute care is no longer warranted. Most patients, once medically cleared and presented with a safe discharge plan that takes into account their medical and/or rehabilitative needs, are eager to leave the hospital.
Unfortunately, there are times when a safe discharge plan for a particular patient is not the same as that patient’s desired discharge plan, and the patient refuses to leave. While New York law requires hospitals to admit all patients in need of immediate hospitalization, it does not require hospitals to keep patients until a desired discharge plan can be agreed upon, but only until a safe discharge plan is formulated.
New York courts recognize a hospital’s right to request injunctive relief when a patient refuses to leave the hospital once lawfully discharged by their attending physicians. Matter of New York Methodist Hospital v. E.H., 25 Misc 3d 648, 885 N.Y.S 2d 392 (Sup. Ct. Kings Co. 2009). Given that hospital beds and resources are limited, the law finds that a patient remaining in a hospital after there is a proper discharge plan for that patient wrongfully deprives other patients of a place to go to address their acute medical needs. The courts in New York will grant injunctive relief to hospitals when the following factors are met:
Garfunkel Wild’s attorneys have experience with assisting hospitals to obtain injunctive relief in these difficult situations, as well as with navigating the waters around difficult discharge situations in a way that is legally compliant and cost-effective.
For more information, please contact the author or your regular Garfunkel Wild contact.
Under New York law, a hospital that has developed a safe discharge plan for a patient can seek mandatory injunctive relief from a court if a patient refuses to leave. If granted, the court will issue an order that requires that patient to leave the hospital, despite the patient’s dissatisfaction with the discharge plan. Because hospitals are not hotels, patients are expected to leave a hospital once there is a safe discharge plan in place and the need for acute care is no longer warranted. Most patients, once medically cleared and presented with a safe discharge plan that takes into account their medical and/or rehabilitative needs, are eager to leave the hospital.
Unfortunately, there are times when a safe discharge plan for a particular patient is not the same as that patient’s desired discharge plan, and the patient refuses to leave. While New York law requires hospitals to admit all patients in need of immediate hospitalization, it does not require hospitals to keep patients until a desired discharge plan can be agreed upon, but only until a safe discharge plan is formulated.
New York courts recognize a hospital’s right to request injunctive relief when a patient refuses to leave the hospital once lawfully discharged by their attending physicians. Matter of New York Methodist Hospital v. E.H., 25 Misc 3d 648, 885 N.Y.S 2d 392 (Sup. Ct. Kings Co. 2009). Given that hospital beds and resources are limited, the law finds that a patient remaining in a hospital after there is a proper discharge plan for that patient wrongfully deprives other patients of a place to go to address their acute medical needs. The courts in New York will grant injunctive relief to hospitals when the following factors are met:
- The hospital has carefully complied with governing law regarding discharge plans.
- The hospital provided the patient with written notice of the discharge plan and an opportunity to participate in formulating the plan.
- The discharge plan was formulated considering clinical assessments.
- The patient had the opportunity to appeal the discharge determination.
- The hospital conferred with the patient about the services available to the patient following discharge.
Garfunkel Wild’s attorneys have experience with assisting hospitals to obtain injunctive relief in these difficult situations, as well as with navigating the waters around difficult discharge situations in a way that is legally compliant and cost-effective.
For more information, please contact the author or your regular Garfunkel Wild contact.