Isn't that kidnapping? Worst thing that should happen to anyone at a hospital in this case is you leave AMA (against medical advice). Where you would just be on the hook for the entire bill, outside of insurance. Not letting someone leave a hospital against their will is illegal as fuck. Even 5150 holds can be sketchy.
It is still kidnapping. A doctor can make decisions for a patient if the person is in
grave medical danger, such as losing an arm or threat of death or serious permanent disability (threat to others also applies). A patient who is suicidal would fall under this, as would someone who has been in a serious accident and is unconscious. It is assumed consent. If the patient was in critical condition, and the hospital was still trying to rule out/rule in a cause to be able to treat her - then pushing for the covid test would make sense. She isn't - she is ready to be discharged, which means she is in stable or good condition.
For the hospital to be able to keep this patient would require that her UTI be a serious threat to her health (such as becoming septic) AND that her mental state was altered (due to the UTI or dementia etc) AND that she didn't have a prior legal form (POLST) stating that he didn't want such life saving treatment, AND that she didn't have a DPOA assigned to make decisions for her
If the daughter has POA without limits, she can pull her mother out of the hospital for any reason. If the hospital suspects a conflict of interest, they can ask for a judge to suspend the POA. That isn't a step to be taken lightly, and I've personally only seen it a couple of times. In both cases, there were active financial fraud cases pending against the POA.
Patients can refuse Covid tests. A hospital can refuse to treat a patient that is refusing certain medical tests that the doctor deems necessary to care for the patient. The patient then has the right to either leave the facility or be transferred to another facility (under EMTALA) as they wish.
If the patient is up for discharge, then the Covid test is almost immaterial. It only serves a few purposes. One, it lets the hospital know if they have to do extra intensive cleaning (such as Ultraviolet treatment) of the room where the patient was. Two, it can give the patient some peace of mind (this wouldn't apply if the patient doesn't want it). Three, it can help if the patient is going to a receiving facility (such as a nursing home) where they need to separate people.
Other than those reasons it is a waste. I'm not sure how the hospital admitted the patient without a Covid test. If they put the patient in a shared room and didn't have a Covid test, the hospital could have an enormous liability problem. I suspect that may be what they are trying to - correct for a mistake they made in the beginning. In any case, this hospital's actions are disgusting, against medical code, and illegal . A good lawyer will win a lot of money for this patient. The doctor and decision makers involved could very well lose their jobs.
When someone is being held against their will and you have to negotiate for their release ,that person is being held hostage and who you're negotiating with is a terrorist.
Isn't that kidnapping? Worst thing that should happen to anyone at a hospital in this case is you leave AMA (against medical advice). Where you would just be on the hook for the entire bill, outside of insurance. Not letting someone leave a hospital against their will is illegal as fuck. Even 5150 holds can be sketchy.
It's not kidnapping when the STATE does it, ask anyone that's lost a kid to a social worker.
It is still kidnapping. A doctor can make decisions for a patient if the person is in grave medical danger, such as losing an arm or threat of death or serious permanent disability (threat to others also applies). A patient who is suicidal would fall under this, as would someone who has been in a serious accident and is unconscious. It is assumed consent. If the patient was in critical condition, and the hospital was still trying to rule out/rule in a cause to be able to treat her - then pushing for the covid test would make sense. She isn't - she is ready to be discharged, which means she is in stable or good condition.
For the hospital to be able to keep this patient would require that her UTI be a serious threat to her health (such as becoming septic) AND that her mental state was altered (due to the UTI or dementia etc) AND that she didn't have a prior legal form (POLST) stating that he didn't want such life saving treatment, AND that she didn't have a DPOA assigned to make decisions for her
If the daughter has POA without limits, she can pull her mother out of the hospital for any reason. If the hospital suspects a conflict of interest, they can ask for a judge to suspend the POA. That isn't a step to be taken lightly, and I've personally only seen it a couple of times. In both cases, there were active financial fraud cases pending against the POA.
Patients can refuse Covid tests. A hospital can refuse to treat a patient that is refusing certain medical tests that the doctor deems necessary to care for the patient. The patient then has the right to either leave the facility or be transferred to another facility (under EMTALA) as they wish.
If the patient is up for discharge, then the Covid test is almost immaterial. It only serves a few purposes. One, it lets the hospital know if they have to do extra intensive cleaning (such as Ultraviolet treatment) of the room where the patient was. Two, it can give the patient some peace of mind (this wouldn't apply if the patient doesn't want it). Three, it can help if the patient is going to a receiving facility (such as a nursing home) where they need to separate people.
Other than those reasons it is a waste. I'm not sure how the hospital admitted the patient without a Covid test. If they put the patient in a shared room and didn't have a Covid test, the hospital could have an enormous liability problem. I suspect that may be what they are trying to - correct for a mistake they made in the beginning. In any case, this hospital's actions are disgusting, against medical code, and illegal . A good lawyer will win a lot of money for this patient. The doctor and decision makers involved could very well lose their jobs.
When someone is being held against their will and you have to negotiate for their release ,that person is being held hostage and who you're negotiating with is a terrorist.