A JUDGE HAS said he would be “very uncomfortable” ordering an elderly woman who lives alone out of a hospital she has been an inpatient in for 725 days and is refusing to leave.

The hospital has sought an order from the High Court to discharge the woman, who cannot be named by order of the court, on the basis that she has no medical need to be an inpatient.

Counsel for the woman said today that the woman suffers from various health issues, including neurological issues which have led her to collapse and be admitted to hospital on multiple occasions.

They added that the woman has no family support.

They said that the order the hospital is seeking would essentially find the woman as trespassing which he does not feel represents the situation accurately. 

Counsel for the hospital said there is “no medical evidence” to suggest the woman needs to remain in hospital.

They said she has been staying in a private room which is specifically for very ill and dying patients.

“I don’t understand why [the hospital] wouldn’t move her to another room”, Judge Brian Cregan said in response.

He gave the hospital permission last week to serve the proceedings on the woman’s lawyers.

But today the judge said that due to the lack of other suitable accommodation for the woman he would be “very uncomfortable” giving the hospital the order they sought. 

“Common sense and compassion must be brought to bear,” he said.

The judge said she “clearly can’t be discharged” due to her conditions – something counsel for the hospital disputed.

Judge Cregan recommended both parties seek to find another suitable option for the patient if she were to be discharged, such as a nursing home.

Both parties must file an affidavit and counsel for the woman must file the patient’s medical records for the judge to consider.

The case will be back before the courts on 10 December.