Do You Have the Right to Leave the Hospital When You Want To?

You have certain rights in the hospital. Those include rights to privacy, safety, and culturally appropriate care.

Most of the time, you even have the right to leave when you want. That's true even if your healthcare provider wants you to stay. It's called being discharged against medical advice (AMA).

This article looks at when you do and don't have the right to leave the hospital early.

Your Right to Leave

The typical hospitals you think of are generally acute-care hospitals. That's where you go in an emergency, to get surgery, or to get some types of routine care.

Other hospitals keep people for long periods of time. That's where you get rehabilitation after a serious injury. These are called long-term acute or subacute hospitals.

In general, if you're in either type of hospital, you have a right to leave whenever you wish. Medical personnel can't keep you against your will.

But this right isn't absolute. 

Against Medical Advice

To be discharged AMA, you'll have to sign a form stating you wish to leave even though your healthcare provider thinks it's a bad decision.

The signature waives your right to sue for complications arising from the early discharge. So the hospital will be held harmless for any problems you have after leaving.

Depending on the state and the hospital, your insurance company may refuse to pay for some or all of the stay. That could leave you with a large bill.

When It's Not Your Decision

You don't always have the right to check yourself out of the hospital. That's usually because someone else is legally responsible for you.

Being Commited

You may lose the right to leave if you're temporarily committed to a psychiatric ward. That can happen if you have a:

• Behavioral health problem
• OR substance abuse problem
• AND your healthcare provider thinks you're a threat to yourself or others

The hospital can then petition the court. If the court agrees, you can be temporarily committed. Decisions are then up to the facility. And the staff can take steps to keep you there.

Guardians

If you have a legal guardian, only they can have you discharged AMA. For children, this usually means their parents.

Some adults have legal guardians, too. One may be appointed for adults who:

• Have special needs
• Can't make their own decisions

In this case, the guardian requests the AMA and signs the paperwork.

Incarceration

Rights are different if you're hospitalized while in the custody of law enforcement.

In that case, you aren't free to go whenever you want. Only the agency holding you can authorize an AMA.

Summary

You can usually discharge yourself AMA. You must waive your right to sue for anything that happens after you leave.

You can't leave AMA if you're legally someone else's responsibility. Only the legally responsible party can make an early discharge decision.

A Word From Verywell

Leaving the hospital against medical advice may be dangerous. Consider your hospital care team's opinions and don't make this decision lightly.