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RE: NRC Proposed Fine and Severity Level 1 Violation
As a former RN, I had to deal with patients leaving the hospital every once
in a while. In the state of Alabama where I practiced, a patient had the
right to leave the hospital against the advice of his/her medical doctor at
any time during a hospital stay. It was called leaving AMA or against
medical advice. The doctor of record (the admitting doctor) usually tried
to talk the patient out of leaving and would, in most cases, tell the
patient that if he/she left against his advice, he, the doctor, would no
longer be obligated to treat the patient. Additionally, the patient had to
sign a form saying that they were leaving against the advice of their health
care professional and the hospital and that he/she would not pursue legal
action against the hospital if something happened to the patient.
Although I have not practiced nursing for twenty years, I doubt the rules
have changed very much. A hospital can not hold a person against his/her
will, except for mental cases where there is a court order. In the case of
mental patients, the nurse could keep the patient in the hospital (by way of
calling hospital security) but could not force the patient to take his/her
medicine. Giving a patient medication against his/her will was considered
assault.
Tena A. Graben, CQA
United States Enrichment Corporation
Nuclear Safety and Quality
Independent Assessments Group
-----Original Message-----
From: William V Lipton [mailto:liptonw@DTEENERGY.COM]
Sent: Thursday, May 15, 2003 1:34 PM
To: Flood, John
Cc: Knapp, Steven J.; 'radsafe@list.vanderbilt.edu'
Subject: Re: NRC Proposed Fine and Severity Level 1 Violation
I don't know. The RSO should make sure it's someone else's decision. The
policy should limit the RSO's responsibility to reporting the violation to
management and requesting their actions to regain compliance.
The opinions expressed are strictly mine.
It's not about dose, it's about trust.
Curies forever.
Bill Lipton
liptonw@dteenergy.com
"Flood, John" wrote:
> > 1. If not already in place, develop a written policy statement
regarding
> > nuclear medicine patients who cannot be released under 10 CFR 35.75.
>
> Perhaps I'm being a bit naïve here, but does the hospital have the legal
> authority to compel a patient to stay? If the patient chooses to go home
or
> to hospice care, can the hospital prevent this? Would this be imprisoning
a
> person for medical reasons?
>
> Bob Flood
> Nevada Test Site
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