Family calls for stricter patient-discharge regulations after son killed in hit and run post-discharge

A family is calling for stricter patient-discharge rules after their son, who had a history of mental illness, was killed by a car Sunday night after he signed himself out of Lakewood, Colo.-based St. Anthony Hospital, reports KDVR.

Kevin D'Amico, 57, was hospitalized Saturday after suffering a seizure and fall. He signed himself out of the hospital the next day — a move his family says should have been prohibited without their knowledge due to his history of post traumatic stress disorder.

Because of the hospital's Patient Bill of Rights, if a physician deems a patient of "sound mind," the patient can choose to leave and refuse medical care.

Patricia D'Amico, Kevin's mother and full-time caregiver, as well as Kevin's sister, Stephanie McCarthy, claim he was "not in his right mind" and "not capable of making a rational decision to leave." They both say they should've been notified about the discharge and now want to see tighter regulations.

"They might be an adult, but they're not capable of taking care of themselves," Ms. McCarthy told KDVR. "We're the caregivers. We have to be involved in these conversations."

In response to the incident, St. Anthony's Hospital released a statement to KDVR.

"We established a Patient Bill of Rights and Responsibilities derived from both Federal and State regulations which supports patients participating in all areas of their care plan, treatment, care decisions, and discharge," the statement reads. "Unless the patient is determined to not have the capacity to think, reason, and understand for oneself, each patient is supported in these Rights and Responsibilities, including their decision to discontinue care."

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