Why may a patient have the right to leave a health care facility despite medical advice?
A patient may leave a health care facility against medical advice (AMA) primarily because the law prioritizes individual autonomy. When a patient is deemed legally competent, their right to make decisions regarding their own medical treatment—including the refusal of care—must be respected.1
Competence is a legal determination, not a medical one, and adults are generally presumed to be competent. To exercise the right to leave, a patient must demonstrate the functional capacity to:1
- Comprehend and retain relevant treatment information.1
- Believe that information, provided that nonbelief is not the result of a delusion caused by a mental illness or disability.1
- Weigh the risks and benefits of the proposed treatment versus the risks of leaving or refusing care, and communicate that decision.1
Even if a patient’s decision appears irrational or contrary to medical opinion, it does not automatically render them incompetent. As long as the patient possesses the capacity to understand their condition and the consequences of their choice, they retain the legal authority to decline treatment and depart the facility.1