Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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The daughter (mid 20s) of a friend of mine received serious head injuries in a fall a few weeks ago. The injuries were so serious she was not expected to live. However, she pulled through and was in a secure ward in a major city hospital. She still has evidence of brain damage and has a large piece of skull missing and is supposed to wear a rugby-style helmet to protect her skull. A slight bang on the head could kill her. She is not able to take care of herself.
Two weeks ago, she was transferred to a hospital in the small town where her parents live to be nearer them. The standard of care here is just not in the same league. The ward she is on is secure - but only between 9:30 pm and 7:00 am! The upshot is that she has been wandering the town. If she is not back in the ward by 9:30, the police are informed who then go and find her and bring her back. This has happened several times already.
Now, having met some old drinking buddies, she has signed herself out and gone off with them. The question is, what can her parents do? What recourse do they have with the hospital? The fact that they might be able to take them to court for negligence if she dies is no comfort.
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As far as I am aware, unless your frends daughter is detained under the mental health act, there is no legal way for the hospital to stop her leaving whenever she wants.
Twinkle is quite right, if she has mental capacity the hospital cannot prevent her leaving. You say she cannot take care of herself - in what way?
Her parents need to establish if her mental capacity has been formally assessed and she has been deemed competent to make decisions (Mental Capacity Act), if she has and is competent then there is little that can be done - an urgent phone conversation with the girls consultant could establish this (make a phone appointment with his secretary). If she has not been formally assessed then express the concerns and request that this is done urgently. You could also ask what risk assessments have been done in relation to her leaving the ward.
If the consultant is hard to get hold of or non-cooperative, you could suggest PALS, a phonecall to the Matron/director of nursing/duty manager to try and get the situation clarified. All phonecalls should be followed up in writing. If the hospital trust has a website you should be able to get phone numbers for senior bods.
Thanks for the advice. Latest is that she has turned back up. We'll wait and see what happens next.
Steven
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GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Urgent advice needed
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