Tallahassee Memorial Healthcare has filed a lawsuit against a patient who refuses to leave her hospital room more than 5 months after being discharged, marking an unusual legal battle over hospital bed occupancy in Florida’s capital city. The hospital issued a formal discharge order on October 6 after determining the patient no longer needed acute care services, but she has remained in Room 373 since that time. The healthcare facility is now seeking a state court injunction to force the patient’s departure and has requested authorization for the county sheriff’s office to assist with removal if necessary.
“Defendant’s continued occupancy prevents use of the bed for patients needing acute care,” Tallahassee Memorial Healthcare stated in the lawsuit. The hospital said resources have been diverted from helping other patients because of her occupation of the room. Hospital officials have repeatedly attempted to coordinate the patient’s departure with family members and offered transportation to help her obtain necessary identification, according to court documents.
Rachel Givens, an attorney for Tallahassee Memorial Healthcare, declined to comment on the case. The hospital did not respond to questions about what type of identification the patient needed, her medical treatment details, hospital bill amounts, or how she managed to remain at the facility for more than 5 months despite the discharge order. The lawsuit does not specify what medical condition the patient was treated for or provide details about her ability to pay for the extended stay.
The case highlights complex federal regulations governing hospital patient care under the Emergency Medical Treatment and Labor Act, which requires hospitals receiving Medicare funds to provide stabilizing treatment for emergency medical conditions regardless of insurance coverage or ability to pay. Hospitals can face investigation by the federal Centers for Medicare & Medicaid Services for violations of these requirements. The federal agency’s operations manual states that patients can be discharged when clinicians determine further care can be provided on an outpatient basis, “provided the individual is given a plan for appropriate follow-up care as part of the discharge instructions.”
The patient is representing herself in the legal proceedings, with no attorney listed in court documents. Phone numbers found in online databases for the patient were disconnected, and no one answered when calls were placed to her hospital room. The unusual nature of the case raises questions about hospital policies for patients who refuse to leave after medical discharge and the legal remedies available to healthcare facilities facing such situations.
An online court hearing on the lawsuit is scheduled for the end of the month, where a state judge in Tallahassee will consider the hospital’s request for an eviction order. The outcome could set precedent for how Florida hospitals handle similar situations involving patients who remain in facilities after being medically cleared for discharge.

