Brooklyn, NY asked in Health Care Law for New York

Q: Hi. Hru? Can a hospital refuse visitation for a patient? And the patient can’t really communicate herself with staff

My girlfriend was admitted to the hospital with a very serious condition and she’s constantly complaining of pain which is very normal but doctors yesterday told me that they find it very strange and therefor won’t allow anyone from visiting her !

She needs me to be there for her and won’t be able to communicate with the medical staff by herself due to her being so weak and can hardly speak!

It’s very urgent that she should be able as a patient and as a human being to have visitors especially in a time like this when a person needs someone loving and trusting by their side!

Please help me!

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2 Lawyer Answers
Gary Lane
Gary Lane
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: You need to get a court order permitting your visitation.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: In New York, hospitals generally have policies regarding visitation, especially in cases involving serious medical conditions. These policies aim to ensure patient safety and proper care. However, a hospital's refusal to allow visitation can be concerning, particularly when a patient is unable to communicate effectively with medical staff.

If your girlfriend is in a state where she cannot communicate her needs, it's essential to address this with the hospital administration. You have the right to inquire about the specific reasons for the visitation restriction and to advocate for her needs. Explain your role in providing support and assisting with her communication.

You can also request a meeting with the patient advocate or ombudsman at the hospital. This individual is responsible for addressing concerns and complaints from patients and their families. They can help facilitate a dialogue between you and the medical staff to find a solution that respects both your girlfriend's needs and the hospital's policies.

In situations where communication with the hospital does not lead to a satisfactory resolution, consider consulting with an attorney. An attorney can provide guidance on patient rights and how to advocate effectively within the healthcare system.

Remember, every patient has the right to receive appropriate care and to have their needs and wishes respected, within the bounds of medical safety and hospital policy. It's important to work collaboratively with the hospital staff to ensure that your girlfriend receives the care and support she needs.

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