Florida Hospital Initiates Legal Action Against Patient Refusing to Vacate Room Five Months Post-Discharge

A patient occupying Room 373 at Tallahassee Memorial Healthcare is steadfast in her refusal to vacate the premises.

Earlier this month, the hospital initiated legal action against the patient, who has remained in the hospital room since her discharge last October. The hospital is seeking a court injunction from a state judge in Tallahassee to compel her to leave. They have also requested permission for the county sheriff’s office to intervene if necessary.

The hospital asserts that her continued presence is straining resources and hindering their ability to care for other patients in need of acute medical attention.

“The defendant’s ongoing occupation of the bed prevents it from being used for patients requiring immediate care,” the hospital stated in its legal filing.

The lawsuit details that the woman was initially admitted for medical treatment, but a discharge order was issued on October 6, after it was determined she no longer needed the hospital’s acute care services. Efforts have been made by the hospital to facilitate her departure, including working with her family and offering transportation to help her acquire necessary identification.

Rachel Givens, the hospital’s attorney, declined to comment on the matter when asked on Wednesday. Similarly, hospital spokeswoman Macy Layton stated that the hospital was unable to discuss ongoing legal issues, including specifics about the identification the patient might require.

The lawsuit doesn’t say what the patient was treated for, what her hospital bill was or how she was able to stay at the hospital for more than five months despite being discharged.

No attorney was listed for the patient, who is representing herself. Phone numbers listed in an online database for the patient were disconnected. No one answered the phone when a call was put through to her room at the hospital.

An online court hearing on the lawsuit is scheduled for the end of the month.

Under the federal Emergency Medical Treatment and Labor Act, hospitals that receive Medicare funds must provide treatment that stabilizes anyone coming to an emergency department with an emergency medical condition, even if the patient doesn’t have insurance or the ability to pay. Hospitals can be investigated by the federal Centers for Medicare & Medicaid Services for violations.

The patient can be discharged when the clinicians have determined that any further care can be provided as an outpatient, “provided the individual is given a plan for appropriate follow-up care as part of the discharge instructions,” the federal agency said in an operations manual.