Can a mother take LAMA for newborn and keep baby nearby?

Is it permissible to take LAMA (Leave Against Medical Advice) for a newborn child admitted in the hospital, where the mother is also admitted due to a cesarean, but keep the baby in the hospital near her mother (not under admission) after taking LAMA? Can a hospital force a mother to take LAMA if she is taking LAMA for her child due to unsatisfactory services of the hospital, but she wants to keep her baby by her side without the baby being under hospital admission?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 06 Mar 2025

A mother can take LAMA (Leave Against Medical Advice) for herself or her newborn, but the hospital may not allow the baby to stay without admission due to medical and legal reasons. If the mother is dissatisfied with hospital services, she has the right to take her baby with her while leaving. However, hospitals follow protocols to ensure the baby's health and may require formal discharge. The hospital cannot force a mother to take LAMA but can advise based on medical risks.

Admin
Advocate By LEAD INDIA Answered: 06 Mar 2025

A mother can take LAMA for her newborn, but keeping the baby in the hospital without admission may not be allowed, as hospitals typically require formal admission for proper care. While the hospital cannot force a mother to take LAMA if she is dissatisfied with the services, if she chooses to leave, the hospital may ask her to sign a form acknowledging leaving against medical advice. The baby can stay with her, but the hospital may not provide full care outside of formal admission. For further legal assistance contact us on our helpline number.
 

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