While you are a patient in hospital, you cannot be forced to stay if you want to leave. Your treating doctor in the hospital usually makes the decision about when you will be discharged from hospital and this decision is generally made for medical reasons.
Voluntary assessment
If they decide not to continue treatment and a doctor thinks they may hurt themselves or someone else, the doctor can make them stay in hospital or continue to get treatment, even without their agreement—this is called involuntary treatment.
Provided they service isn't refused on grounds that are unlawful under anti-discrimination legislation a private hospital is free to decide who it will accept as a patient. They can refuse treatment if you can't pay, but not on the grounds of gender, race etc.
Ryan's Rule is a three step process to support patients of any age, their families and carers, to raise concerns if a patient's health condition is getting worse or not improving as well as expected.
The length of time it takes for an ER doctor to discharge a patient from the hospital can vary depending on several factors. One common reason is that the doctor wants to make sure that the patient is stable enough to go home and that all necessary tests and treatments have been completed.
The hospital will discharge you if you no longer need to be there for your care. But this may not mean that you are fully healed or recovered. You may have a medical condition that still needs attention and care.
If the entire discharge, including all preparation, takes 30 minutes or less, you need to report 99238. If, on the other hand, the process takes more than 30 minutes, you should report 99239.
The Ramsay Rule
An initiative that allows patients, their relatives, or carers, to call for rapid assistance when they believe something is 'not right' with the clinical condition of the patient.
The freedoms include the right to control one's health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation.
A practitioner cannot refuse to see a patient on the basis of discrimination (race, religion, gender etc.) If you believe a practitioner has refused to see you on such a basis you can lodge a complaint with the Anti-Discrimination Board NSW. The Board can be contacted on 1800 670 812.
These are described in the Australian Charter of Healthcare Rights. The rights included in the Charter relates to access, safety, respect, communication, participation, privacy and comment.
Discharge at own risk
Except in certain circumstances (e.g. serious Infectious disease or those who are detained under the Mental Health Act) every patient has the right to leave hospital when he/she chooses. However, this may be a serious step when taken against the advice of your doctor and requires great caution.
Can I sue a hospital for negligence in Australia? Yes – you can sue a hospital for negligence if you can show that the hospital breached its duty of care to you, and you suffered injury or loss.
What is Ryan's Rule? Introduced in Queensland in 2013, first initiated by Children's Health Queensland, the rule allows patients, parents or caregivers to request an immediate clinical review if the patient's health condition is getting worse or not improving as well as expected.
Is withholding and withdrawing life-sustaining treatment legal in Australia? Yes, withholding and withdrawing life-sustaining treatment is legal in Australia so long as the law is complied with.
Under the Mental Health Act 2007, you must be seen by a doctor within 12 hours. You can only be forced to stay if that doctor believes you are “mentally ill” or “mentally disordered” as defined under the Act. Another doctor must see you “as soon as possible”.
The charter outlined what every person could expect when receiving care and described seven fundamental rights including: access; safety; respect; partnership; information; privacy; and giving feedback. Its use was embedded in the National Safety and Quality Health Service (NSQHS) Standards.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
The rights are: ACCESS – Healthcare services and treatments that meets my needs. SAFETY – Receive safe and high quality health care that meets national standards. Be cared for in an environment that is sage and makes me feel safe.
REACH is the NSW equivalent of Queensland`s Ryan Rule and has been implemented in about half of the state`s hospitals. In Victoria and Western Australia, patients can speak to a patient liaison officer at each hospital to raise their own concerns or those of their family members.
While this program has been implemented in a number of hospitals in NSW, it does not appear to be state wide.
An unsafe discharge from hospital occurs if you are discharged, or sent home, when your release from the hospital could adversely affect your health. An unsafe discharge occurs in situations including if: You are sent home prior to being properly diagnosed. You are sent home when your condition has not yet stabilized.
Discharge Planning Checklist
Ask a family member or friend to pick you up by noon Discharge Time is between 11 a.m. and 3 p.m. Please plan ahead and be ready. Evidence shows that if a patient is discharged earlier in the day, he or she is less likely to need to return to the hospital.
A fast track discharge is considered when someone has a life-limiting illness, and their condition appears to be rapidly deteriorating and they may be entering the terminal phase.