This is true even if your healthcare provider wants you to stay.
It is called being discharged against medical advice (AMA).
Your Rights to Leave the Hospital
The typical hospital most people think of is an acute-care hospital.
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Other hospitals are intended for longer-term care, often for rehabilitation after surgery or a serious injury.
These are called long-term acute or subacute hospitals.
Medical personnel cannot keep you against your will.
But the right isn’t absolute.
The signature waives your right to sue for complications arising from the early discharge.
Thus, the hospital will be held harmless for any problems you have after leaving the building.
This is generally not true.
In short, you have the right to leave the hospital without paying your bill.
Whether you have paid or not has no impact on your right to make a medical decision.
Additionally, you may leave without signing the discharge form.
The healthcare provider would still consider this as leaving against medical advice.
The same applies if you have just given birth.
Do You Have the Right to Stay?
This is usually because someone else is legally responsible for you.
Moreover, a healthcare provider must legally declare that you’re a threat to yourself or others.
The hospital or an individual such as a spouse or family member will need to petition the court.
If the court agrees, it’s possible for you to be temporarily committed.
How Long Can a Hospital Hold a Patient?
For children, this usually means their parents.
In most states, the age of emancipation is 18.
Some adults also have legal guardians.
One is often appointed for adults with special needs who have difficulties making their own decisions.
In such cases, the guardian can request the AMA and is responsible for signing the paperwork.
In such cases, you are not free to go whenever you want.
Only the correctional facility holding you could authorize an AMA discharge.
However, you do have the right to refuse medical care.
This may include a family member, a non-incarcerated friend, or a specific clinician at the correctional facility.
Summary
it’s possible for you to usually discharge yourself AMA.
However, you must waive your right to sue for anything that happens after you leave.
You cannot leave AMA if you’re legally someone else’s responsibility.
Only the legally responsible party can make an early discharge decision.
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