Re: Release of Patients Rece

["Mike Bohan" <mike.bohan@yale.edu>]

        Reply to:   RE>Release of Patients Receiving Therapeutic Doses of...

This question came up here many years ago, I asked our medicolegal counsel for
an opinion and they said to let them go.  If you keep them against their will
you could be liable for kidnapping.  If this occurred before someone met release
criteria, I would at least let the State Rad. Office and NRC know about it, but
I don't believe you can restrain them unless it is clear that the patient is
mentally incompetent.

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Michael J. Bohan, RSO   |  e-mail: mike.bohan@yale.edu
Yale-New Haven Hospital |    Tele: (203) 785-2950
Radiological Physics    |     FAX: (203) 737-4252
20 York St. - WWW 204   |    As usual, everything I say may be plausibly
New Haven, CT    06504  |    denied at my employer's convenience ...
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Date: 15/08/96 11:47 AM
To: Mike Bohan
From: radsafe@romulus.ehs.uiuc.edu
Recently, the question arose at our facility as to what legal recourse we
have in preventing a patient from voluntarily leaving the hospital before
meeting release criteria. A query to our NY State Health Department
representative brought the response that we cannot prevent a patient from
leaving if they insist. This would also apply to patients receiving
permanent sealed source implants. Your comments/suggestions/advice would be
most appreciated.

Charles C.Chamberlain,Ph.D.
RSO, SUNY Health Science Center
Syracuse, NY