Can You Leave the Hospital Early After Treatment? Understanding Your Rights

It can be daunting knowing you will need to stay overnight in hospital with no clear guidance on when you’ll be able to return home. Hospital discharge processes are put in place to help you leave safely, but busy wards and long wait times may have you wondering whether you can leave the hospital early after treatment.

Today, we’ll explore your rights and what comes next, so you’re prepared in knowing what to expect when it’s time to leave the hospital.

How Does Being Discharged From Hospital Work?

Once you’re admitted to hospital, your treatment plan will be developed and discussed with you. This will include discharge or transfer details to help you move forward with treatment without any surprises. You can have a loved one present to ensure you don’t forget or miss any important information.

After your treatment has concluded, you’ll be given a discharge assessment to determine whether you need more care after you leave hospital. Staff should ensure that you, as well as family and friends, are fully involved in the assessment process with your permission.

The results of your discharge assessment will determine how the following process works.

What’s the Difference Between Minimal and Complex Discharge?

If your discharge assessment shows that you’ll need little to no care, your discharge will be handled as a ‘minimal discharge’. If you require more specialised care once leaving the hospital, your discharge will be considered ‘complex’.

If you fall into the ‘complex discharge’ category, you’ll receive a care plan detailing your home care after hospital discharge needs.

This should include:

Details of your treatment and support you’ll need once discharged
Who will provide this support, and their contact details
When and how frequently support will be given
How support will be monitored and reviewed
The name of the person coordinating the care plan
Who to talk to in an emergency or if you have any concerns

Hospital Discharge Policies

A hospital discharge policy ensures that the process of leaving the hospital is as streamlined, safe and efficient as possible. Every hospital has its own discharge policy, so reading this before your treatment can help you know what to expect.

You can get a copy of your hospital’s discharge policy by speaking to a ward manager or the hospital’s Patient Advice and Liaison Service (PALS).

Can You Leave the Hospital Early?

Yes, you can discharge yourself from the hospital at any time during your stay. This is your right, even if your leaving would go against medical advice. This is known as a self-discharge or a ‘Discharge Against Medical Advice’ (DAMA).

If you have the mental capacity to make decisions about your own health, you can leave even if staff advise against it. However, if you are deemed to lack the mental capacity to understand the risks of leaving, such as due to confusion or illness, the hospital may prevent you from leaving in your ‘best interests’.

What Is the Process of Self-Discharging?

The process of self-discharging isn’t always as straightforward as we’d like, especially if you’re doing so against medical advice. You’ll usually have a visit from your Named Nurse or Doctor once you’ve requested a self-discharge, who will walk you through any necessary future treatment and follow-up care.

Staff will assess you before agreeing to a self-discharge, and if there are any concerns, they’ll have to arrange a further assessment. The outcome of this will be discussed with you and your family carer, and may result in you not being allowed to leave the ward.

If you wish to leave the hospital against the advice of your Named Doctor or Nurse, you’ll be asked to sign an AMA (Against Medical Advice) form or a self-discharge form. This states that you are aware of the risks associated with self-discharging and that you’re contradicting your assigned healthcare professionals.

Understanding the Risks and Consequences of Self-Discharging

There are certain risks associated with discharging yourself from hospital, and these need to be considered before making your final decision. No one likes waiting in hospital any longer than they have to, but consider whether the following risks are really worth an earlier departure.

Potential risks and consequences include:

Mismanaged medicines: Rushing the pharmacy department may mean you leave with wrong amounts or missing medications.
Lack of appropriate help: Early discharge might not give you enough time to find appropriate health and social care in your community.
Incomplete tests and scans: Going home early may mean important tests and scans don’t get completed, potentially missing vital details about your condition.
No home adaptations: Leaving before your planned discharge might give your family less time to sufficiently adapt your home for your safety and convenience.
Increased risk of complications: Early discharge might increase the risk of falls, infections and sores, and you may have to wait to get medical help from your GP.

Understanding these risks, along with the benefits and alternatives to self-discharging, helps you make an informed decision about your treatment and discharge process.

Why Does Mental Capacity Matter?

If you choose to discharge yourself from hospital against medical advice, the hospital or Trust will assess your mental capacity in line with the Mental Capacity Act 2005 (England) and the Adults with Incapacity Act 2000 (Scotland).

If you’re assessed as lacking the capacity to make this decision for yourself, the staff can refuse your discharge request. However, they can only do this if they can demonstrate that they are acting in your best interests.

Examples of lacking mental capacity could include:

Confusion due to a result of a medical condition, such as dementia or head injury
Intoxication that deems leaving unsafe
Acute mental health risk, posing a danger to themselves or others
Highly infectious diseases that pose a risk to public health
Doctors may deem your discharge plan unsafe, especially if you’re vulnerable, frail or have no safe place to go

Can a Family Member Discharge Me?

You may wonder if your family members can discharge you, even if your doctor has deemed you incapable of discharging yourself. However, it is not possible to do so. It’s the hospital’s decision to discharge a patient who cannot self-discharge.

Can You Return to Hospital After Self-Discharge?

It can be difficult to return to the hospital once you’ve discharged yourself early, but there’s no shame in going back if you’re worried about your health. No hospital in the UK will refuse to treat you on the grounds of you having previously discharged yourself, even if it was against medical advice.

The only case in which you may be refused treatment is if you displayed aggressive, violent or abusive behaviour to staff.

How Trinity Homecare Can Help

Many hospitals will be more accepting of self-discharge plans if you have a safe, comprehensive care plan in place once you return home. Trinity Homecare offers hospital discharge care plans to help you return home from hospital with confidence and clear support.

Choosing Trinity Homecare means:
A fully regulated service rated ‘Outstanding’ by the Care Quality Commission
Nationally recognised with multiple awards for quality care
Trusted by families across England for compassionate support
Handpicked and thoroughly vetted carers matched to your lifestyle and clinical needs

To learn more, download our free guide to care at home after hospital discharge.

Talk to Trinity Homecare Today

If your loved one requires home care, chat with one of our friendly care team today. We offer a free, no-obligation enquiry and assessment service and are happy to offer information and advice to help you find the perfect home care solution.

Call us on 0207 183 4884 in confidence for a free, no obligation quotation. If enquiring outside of our opening hours, please complete our online form and we will contact you the next day.