Discharge against Medical Advice: Ethical and Legal Considerations

Authors

  • Dr. Clement Osime

Keywords:

litigations

Abstract

Introduction: It appears most healthcare workers do not have a proper understanding of the meaning of discharge against medical advice.

Aim of study: To discuss the ethical and legal implications of discharge against medical advice.

Method of study: Key words, Discharge against medical advice, ethical and legal consequences were search through various databases and search engine to identify scholarly articles and documents on the subject matter. The identified documents were reviewed for suitability for this review. The selected articles and documents were then extensively reviewed.

Results: The meaning of the concept of discharge against medical advice and the ethical and legal challenges associated with the concept has been extensively reviewed in this work.

Conclusion: There is a need to have a proper understanding of the entire concept of discharge against medical advice in order to avoid possible litigations. following albendazole treatment. However, the efficacy of albendazole was poor against Trichuris trichiura infection.

Author Biography

Dr. Clement Osime

Department Of Surgery,

University Of Benin Teaching Hospital,

PMB 1111,

Benin City, Nigeria.

Mobile: 07031677858.

References

Jeremiah J, O'Sullivan P, Stein MD. Who leaves against medical advice? J Gen Intern Med 1995; 10: 403-5.

Udosen Am, Glen E, Ogbudu S, Nkposong E. Incidence of leaving against medical advice (LAMA) among patients admitted at the accident and emergency unit of the University of Calabar Teaching Hospital, Calabar. Nigeria. Nigerian Journal of Clinical Practice 2006; 9: 120-3.

McKinnon K, Cournos F, Stanley B. Rivers in practice: Clinician's assessments of patients' decision making capacity. Hosp Community Psychiatry 1989; 40: 1959-62.

Cheng ST, Chung CH, Leung YH, Lai KK. Patient absconding behavior in a public general hospital: retrospective study. Hong Kong Me J 2002; 8:87-91.

Ibrahim A. What makes patients leave against medical advice? JTU Med Sc 2009; 4:16-22.

Bowers L, Jarrett M, Clark N. Absconding: A literature review. Journal of Psychiatry and Mental Health Nursing. 1998; 5: 343-353.

Ohanaka EC. Discharge against medical advice. Trop Doct 2003; 33: 191-192.

Aliyu ZY. Discharge against medical advice: sociodemographic, clinical and financial perspectives. Int J Clin Pract 2002; 56: 325-7.

Saitz R. Discharges against medical advice: time to address the causes. CMAJ. 2002; 167: 6647-48.

Hansson MO. Balancing the quality of consent. J Med Ethics. 1998; 24: 182-7.

Okoroma CN, Egriokwaji MTC. Profile of and control measures for the paediatric discharges against medical advice. Nig Postgrad Med J 2004; 11: 21-25.

Akiode O, Musa AA, Shonubi AM, Salami BA, Oyelakan AA. Trends of discharges against medical advice in a suburban surgical practice in Nigeria. Trop Doct 2005; 35: 51-52.

Ibekwe RC, Muoneke VU, Nnebe- Agumadu UH, Amadife MA. Factors influencing discharge against medical advice among paediatric patients in Abakalil, southeastern Nigeria Journal of Tropical Paediatrics 2009; 55: 39-41.

Onyiriuka An. Discharge of hospitalized under-fives against medical advice in Benin, Nigeria. Nigeria Journal of Clinical Practice 2007; 10: 200-204.

Erah PO. Care of Hospitalized patients in Nigeria: The need for review and overhaul. Int J Health Res 2009; 2: 105-106.

Allison v. General Council of Medical Education and Registration. 1894, 1 QB 750.

Macrohon BC. Paediatrician's perspectives on discharge against medical advice (DAMA) among paediatric patients: a qualitative study. BMC Paediatrics 2012; 12: 75-79.

City of New York v. Antoinette R. 630 NYS 2d 1008. 165, 165 (Misc 2d 1014,1995).

Jefferson v. Griffin Spaulding County Hosp. Auth. 247 S.E. 2nd 457 (1981).

Simon JR. Refusal of care: the physician- patient relationship and decision making capacity. Ann Emerg Med 2007; 50; 45-51.

Mufson M. Evaluation of competence in the medical setting. In: Samuels MA, Feske SK eds office practice of neurology. 2nd edn. Oxford, UK: Churchill Livingstone, 2003; 998-1004.

Schoendorff v. Society of New York Hospital, 105 N.E. 92 (N.Y. 1914).

George GE. Consent to treatment In: Law and emergency care. St. Louis: CV Mosby, 1980: 48-50.

Bergen CC. Legal aspects of emergency department paediatrics. In: Fleisher G, Ludwig S, eds. Textbook of Paediatric Emergency. Baltimore: Williams and Wilkins, 1983: 1201-09.

Horn C, Caldwell DH, Osborn DC. Law for physicians: An overview of Medical legal issues. Chicago: American Medical Association. 20000, P. 102-4.

Cruzan v. Missouri Department of Health, 497 US. 261(1990).

Nigeria medical and dental practitioners disciplinary tribunal v okonkwo (2002) ahrlr 159 (ngsc 2001).

Devitt PJ, Devitt AC, Dewan M. An examination of whether discharging patients against medical advice protects physicians from malpractice charges. Psychiatric Services 2000; 51: 899-902.

Devitt PJ, Devitt AC, Dewan M. Does identifying a discharge as “against medical advice” confer legal protection? J Fam Pract 2000; 49: 224-7.

Battenfeld v. Gregory. 589 A. 2d 1059, 1061 (N.J. Super Ct. App. Div. 1991).

Henson VL, Vikery DS. Patient self discharge from the emergency department: who is at risk? Emerg Med J 2005; 22: 499-501.

Lyons v. Walker Regiona Medical Centre 2000 Ala Lexis 532

Canterbury v. Spence. 464 F. 2d 772 (D.C. Cir. 1972).

Delia Rivera v. Queen of the Valley Hospital, American Emergency Physicians Medical Group and Janet Michon Los Angeles County (Ca) Superior Court, No. Eac-71719 California.

Letterie GS, Markenson GR, Markenson MM. Discharge against medical advice in an obstetric unit. Journal of Reproductive Medicine 1993; 38: 370- 374.

Levy F, Mareiniss DP, Corianne Iacovelli JD. The importance of a proper Against- Medical-Advice (AMA) Discharge. J Emerg Med 2012; 43: 516-520.

Albert HD, Kornfield DS. The threat to sign out against medical advice. Ann Int Med 1973; 79:888-91.

Berger JT. Discharge against medical advice: Ethical considerations and professional obligations. Journal of Hospital Medicine 2008; 3: 403-408.

Fadare JO, Jemilolun AC. Discharge against medical advice: Ethical-legal implications from an African perspective. S Afr JBL 2012; 5: 98-101.

Termination of service by patients: Section 20 of the Rules of professional conducts for Medical and Dental Practitioners in Nigeria. 2004.

Strinko JM, Howard CA, Scaeffer SL, Laughlin JA, Berny MA, Turner SN. Reducing risk with telephone follow-up of patients who leave against medical advice or fail to complete an ED visit. J Emerg Nurs 2000; 26: 226-232.

Karcz A. Emergency department discharges against medical advice. J Emerg Med 1993; 11: 333-7.

Larkin GL, Marco CA, Abbott JT. Emergency determination of decision making capacity (DMC): Balancing autonomy and beneficence in the emergency department. Acad Emerg Med 2001; 8:282-4.

Downloads

Published

01-09-2012

How to Cite

1.
Osime, C. Discharge against Medical Advice: Ethical and Legal Considerations. AJTMBR [Internet]. 2012 Sep. 1 [cited 2023 Dec. 8];1(4):67-79. Available from: https://ajtmbr.org.ng/index.php/home/article/view/30