Can a hospital tell you that you can not take a baby home

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Our local hospital would not allow it with my daughter. When my sister had her baby recently they would not let us use the Safety 1st AIO. They told us we had to have a "pumkin" seat. We made a big deal about it to. They did not budge on the issue.
 

Shaunam

New member
Can't imagine they actually could, although I've heard of hospitals bullying parents about it until they gave in and borrowed or bought an infant seat. When DD left the NICU, we used the EFTA and some of the nurses were unsure of it because it seemed so big, but I just showed them the manual and that she fit fine in it and they didn't say anything else.

ETA: There's really not *anything* they can do to not let you take your baby home. At best, for medical issues, they could make you sign something saying you left AMA, but I don't think that applies to car seats.
 

kmcenery

New member
Can't imagine they actually could, although I've heard of hospitals bullying parents about it until they gave in and borrowed or bought an infant seat. When DD left the NICU, we used the EFTA and some of the nurses were unsure of it because it seemed so big, but I just showed them the manual and that she fit fine in it and they didn't say anything else.

That is what I was thinking. They cant tell you that you cant use it. This is some one on my parenting borad I told her just show them the manual and that your baby meets the weight and height and they should not be able to stop you. Maybe I will tell her if they try to say ask for the policy that says you must have the infant seat to take your baby home in.
 

carseatcoach

Carseat Crankypants
Most convertibles don't fit infants well. I suppose if the seat didn't fit properly -- straps at or below shoulders -- they could fuss, but as already written, I don't see how they can refuse to let you take your child.

ETA: There's really not *anything* they can do to not let you take your baby home. At best, for medical issues, they could make you sign something saying you left AMA, but I don't think that applies to car seats.

I think that if you leave AMA, some insurance companies may refuse coverage.
 

Shaunam

New member
I think that if you leave AMA, some insurance companies may refuse coverage.

I've never heard that. We almost had to leave AMA with DD once and they never mentioned that. Only that we could go to jail if she died. :rolleyes: (which is why we refused to sign...hello, she's pretty freakin fragile!)

Anyway, I don't think car seat usage qualifies as medical advice does it?
 

ketchupqueen

CPST and ketchup snob
Staff member
Yeah, I left with a convertible last time. They checked to make sure she fit, but other than that, no issues. I intend to do it again. (It may have helped that they have an actual tech check seats.)

Legally, I have been told that as long as you have ANY rear-facing car seat they can't stop you-- even if it does not fit or is expired or whatever. (They can, however, call the cops if you insist on taking the baby home in an expired or broken seat.)
 

skylinphoto

New member
I left the hospital AMA with my son when he was 4 months old (he had an ALTE and was diagnosed with Central sleep apnea). The nurses were horrid and condesending and everyone was treating us badly (me and dh were barely in our 20's and each look about 14 to top it off..that's the only reason I can think of as to why they treated us badly). So, we went to a different hospital.
Insurance did NOT cover our visit when we left AMA. And our visit was 5 days long with NUMEROUS monitoring and tests. Very expensive. lol.

((we had Cigna at the time, I believe..))
 

kmcenery

New member
Most convertibles don't fit infants well. I suppose if the seat didn't fit properly -- straps at or below shoulders -- they could fuss, but as already written, I don't see how they can refuse to let you take your child.



I think that if you leave AMA, some insurance companies may refuse coverage.

But nort all infants fit in an infant seat either. some times (on many infants I have seen) the straps are just above the sholders
 

carseatcoach

Carseat Crankypants
So they could fuss about that too, if they wanted. My point is that they can make you sign out AMA, but they can't keep your baby.
 

LISmama810

Admin - CPS Technician
My understanding--from a CPST-I who works at a children's hospital--they cannot keep you from leaving with your child, even if you don't have a car seat. Now, that doesn't mean they won't call the cops on you, but leaving in a convertible (that fits) would be fine.
 

tanyaandallie

Senior Community Member
My understanding--from a CPST-I who works at a children's hospital--they cannot keep you from leaving with your child, even if you don't have a car seat. Now, that doesn't mean they won't call the cops on you, but leaving in a convertible (that fits) would be fine.

Agree with this. It's your baby and you are the baby's parent so you can do what you want with your baby. They may pressure you, give you a hard time, etc. Legally they cannot prevent you from leaving with your own child.
 

ketchupqueen

CPST and ketchup snob
Staff member
I believe that some state laws state that hospitals must ensure a parent has a carseat before they leave. That will vary from place to place but in some places they may have a legal right to require a carseat. (Just not a certain kind or whatever.)
 

Connor's Mom

New member
I think that if you leave AMA, some insurance companies may refuse coverage.

I've never heard that. We almost had to leave AMA with DD once and they never mentioned that. Only that we could go to jail if she died. :rolleyes: (which is why we refused to sign...hello, she's pretty freakin fragile!)

Anyway, I don't think car seat usage qualifies as medical advice does it?

Yup. Now the majority or insurance carriers and medicare/medicaid will denie the entire hospital stay if a patient goes AMA. There are even several that will drop you from your coverage. Going AMA is really not an advisable thing and can cost you alot of money. Also it really doesn't matter whether you sign the actual AMA form or not, if the hospital documentation shows that you left AMA then it still counts. Alot of people think that just because they didn't sign the form then there is no recourse but that is not the case.

As far as car seats, I don't see how they can legally keep you from leaving if the baby meets the height/weight requirements.
 

TheQueenMother

New member
We were able to leave the NICU with a RA. I think one of the big issues is that the staff is required to see the car seat and our nurse had to walk us completely out in order to see ours. But I had installed that darn seat months before and it was not coming out to visit upstairs.
Our nurse was fabulous and once we explained to her the situation, she was more than happy to help. I was unhappy that baby had to ride down to the car in a crib due to hospital policy
Amanda
 

Judi

CPST/Firefighter
Our local hospital would not allow it with my daughter. When my sister had her baby recently they would not let us use the Safety 1st AIO. They told us we had to have a "pumkin" seat. We made a big deal about it to. They did not budge on the issue.

Well, the AIO doesn't fit newborns too well. I haven't seen one yet that the harness is at or below the shoulder.
 

DaniannieB

Ambassador - CPS Technician
I work as an RN in L&D/Postpartum (as well as pediatrics and nursery) at our local hospital. It might vary by state, but my understanding is that LEGALLY, we cannot prevent the parents from taking the child home (especially if they're discharged). The child may be improperly restrained, there may be misuse, etc., and we're allowed to recommend changes (tighten harness, lock seat belt, etc.) as well as suggesting they go see a CPST (our fire department always has CPSTs on duty); however, we can't keep them here for any reason other than child abuse/neglect (and car seat misuse and nonuse don't count as child abuse/neglect).

I have sent babies home in convertibles, and it's not a problem IMO. I think those who coem up w/ rules such as infant seat only probably have little to no actual and up-to-date understanding of CPS.
 

cpsaddict

New member
When I worked at BRU, a customer came into return the AOE because the hospital would not let their 7lber leave in it. This hospital actually had a tech at the time, so that may have had something to do with it. Not sure if it's a policy at this hospital, but it has happened.
 

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