[FREE LEGAL ADVICE]
QUESTION:

I am a patient and recently had to go to the hospital for examination and emergency, but the emergency at the big hospital was too crowded and had to wait a long time, so when it was urgent, I often went to the small hospital of the ward near my house. Although emergency treatment is very quick, myself and other patients find that the hospital tends to keep the deposit, forcing the patient to stay in the hospital even though the patient has refused and even though the tests show nothing wrong. usually, can be monitored at home. The patient's health was stable.
When patients are hospitalized, they are only forced to pass saline or sugar. The infrastructure of the institute has deteriorated a lot. When I asked to leave the hospital, the doctors did not agree.
So tell me if it's right or wrong for the hospital to do so. Does the hospital have the right to arrest patients and keep them in hospital against their will? In what cases? Thank you

ANSWERS:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:
Pursuant to Clause 1, Article 55 of the Law on Medical Examination and Treatment 2009 (Law on Medical Examination and Treatment 2009), a doctor is entitled to request inpatient treatment (hospitalization) based on the results of clinical examination, subclinical examination, etc. of the patient. core. If the patient does not fall into the case of group A infectious disease, agitated mental illness, etc. (required treatment) according to the provisions of Clause 1, Article 66 of the 2009 Law on Medical Treatment, the patient still has the right to refuse to receive treatment. and hospitalized. However, the patient must undertake to be solely responsible in writing for his or her refusal to treat.

Specifically, the legal basis for your case is as follows:
According to Article 12 of the Law on Medical Examination and Treatment 2009 on the right to refuse medical treatment and leave medical examination and treatment establishments.
To refuse to test, use drugs, apply procedures or treatments but must undertake to take responsibility in writing for their refusal, except for the case specified in Clause 1, Article 66 of this Law. .
To be allowed to leave the medical examination and treatment establishment before the end of treatment, but must commit to take responsibility in writing for leaving the medical examination and treatment establishment contrary to the practitioner's instructions, except for the following cases: prescribed in Clause 1, Article 66 of this Law.

According to Clause 1, Article 55 of the 2009 Law on Medical Examination and Treatment on Diagnosis, Designation of Treatment Methods and Prescription of Drugs:
The diagnosis, appointment of treatment methods and prescription of drugs must ensure the following principles:
a) Based on the results of clinical examination, paraclinical examination, combined with factors of medical history, family, occupation and epidemiology;
b) Timely, objective, prudent and scientific.

According to Clause 1, Article 66 of the Law on Medical Examination and Treatment 2009 on compulsory medical treatment:
a) Having a group A infectious disease as prescribed by the law on prevention and control of infectious diseases;
b) Mental illness in a state of agitation, depression, suicidal ideation or behavior or endangering others as prescribed by law.

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