E.R.: Nurse Did Not Force Patient To Sign Release, Suit Dismissed.

Legal Eagle Eye Newsletter for the Nursing Profession

 February 2013

  The nurse at first told the patient he had to sign a document releasing the hospital from liability resulting from his leaving against medical advice.

  After he refused, the nurse spoke with someone on the phone and then told the patient she could not force him to sign anything and he was free to leave. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION December 4, 2012

  The adult patient came to the E.R. after being injured falling from his bicycle.  When he spoke with the hospital’s nutritionist the next day he reportedly said, “I will kill myself if I don’t lose weight.”

  That same afternoon he wanted to check himself out of the hospital but was told he first had to be seen by the psychiatrist because he had expressed a desire to harm himself. After he was seen by the psychiatrist the nurse told him he still could not leave because the psychiatric service had not authorized his discharge. 

  He insisted he was going to leave anyway, whether or not it was authorized.  The nurse told him he had to sign a document releasing the hospital and its staff from legal liability resulting from his voluntary departure against medical advice. Later the nurse did allow him to leave without signing anything.

  The Superior Court of New Jersey upheld the jury’s verdict dismissing the lawsuit the patient had filed against the hospital alleging false imprisonment and intentional infliction of emotional distress.  The facts showed only a genuine concern by hospital staff for the patient’s wellbeing and no malicious intent, the Court said.  Greenstein v. Moonthungal, 2013 WL 149658 (N.J. Super., December 4, 2012).