Hospital Starts Guardianship Proceedings after Daughter Refuses Discharge; Daughter's Suit Dismissed

September 22, 2021 | Strategic Insights for Health System


A hospital initiated guardianship proceedings when a patient's daughter rejected the hospital's plan to discharge the patient, based on the fact that the patient no longer met Medicare criteria for inpatient care. The daughter sued the hospital alleging intentional infliction of emotional distress, and the Appellate Court of Illinois, First District, has affirmed dismissal of the suit.

On September 1, 2010, the patient was taken to the hospital's emergency department after experiencing severe vomiting. Based on a computed tomography scan from April 2010,...

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