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Legal Eagle Eye Newsletter
For the Nursing Profession
PO Box 1342 Sedona AZ 86339
(206) 718-0861
Patient Died After Leaving Hospital AMA: Court Reverses Nurses License Revocation.
Legal Eagle Eye Newsletter for the Nursing Profession
The patient was admitted to the hospital with severe abdominal pain. Five days into his hospital stay the patients nurse notified the nursing supervisor that the patient was confused and needed restraints. The nursing supervisor checked on him and decided he was lucid and rational and did not need to be restrained. However, the supervisor would not let him sign an AMA (against medical advice) release form and leave because his family was not there and the weather was bad.
Half an hour later the p.m. nursing supervisor came in to take over. The a.m. supervisor mentioned to him that she had not let the patient leave as he wanted. Soon the patient asked the p.m. nursing supervisor if he could leave. The p.m. nursing supervisor phoned the on-call physician. He told the physician the patient wanted to leave the hospital and go to a friend’s house nearby. The physician told the p.m. nursing supervisor to let him go, provided the patient was willing to sign the hospital’s standard release form for a patient who was leaving against medical advice, which the patient did.
The p.m. nursing supervisor let the patient leave wearing only pants, a dress shirt and moccasin type shoes. Outside it was a blizzard in Maine in January. Thirty minutes later the p.m. nursing supervisor finally got the a.m. shift nursing report and learned for the first time of the patients suicidal comments earlier that day. At that point the p.m. nursing supervisor started making phone calls. The patients wife told him to report to the local police that her husband was missing.
The next day the police did find the patient, dead in a snow drift about one-hundred yards from the hospital entrance. The Supreme Judicial Court of Maine overturned the Board of Nursing’s two-year revocation of the p.m. nursing supervisors license. The p.m. nursing supervisor followed the hospitals procedure by asking the physician for approval when a patient asked to leave AMA. Once the physician approved the patient leaving AMA and the patient signed the AMA release the nursing supervisor had no authority to keep the patient.
Zablotny v. State Board, __ A. 3d __, 2017 WL 587270 (Me., February 14, 2017).More from nursinglaw.com
http://www.nursinglaw.com/hospital-discharge-nurses.htm
http://www.nursinglaw.com/against-medical-advice-nurses.pdf
http://www.nursinglaw.com/against-medical-advice.pdf
http://www.nursinglaw.com/ama.htm
http://www.nursinglaw.com/patient-against-medical-advice.htm