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An unsafe hospital discharge occurs when a hospital releases a patient to their home too early despite needing further medical treatment or observation. If a hospital negligently discharged you before your medical condition was resolved or you were physically able to receive the outpatient care you needed, you could have suffered severe harm.
If this happened to you or a loved one, you may ask, “Can you sue a hospital for early discharge?” If the unsafe or negligent discharge from the hospital caused you further injury or pain, you may be eligible to file a hospital lawsuit and pursue compensation for your harm. At the Law Office of Kelley J. Johnson, we can answer your questions about the legal process for an unsafe discharge from hospital lawsuit or any medical malpractice claim. Contact us today to request a free consultation.
What Is an Unsafe Discharge from a Hospital?
An unsafe discharge occurs when you are discharged from a medical facility earlier than is safe or appropriate. For example, an unsafe discharge from a hospital may occur if you are released too soon after an emergency room visit or surgical procedure before returning to your home is safe and in your best interest. Your current medical condition could progress and worsen, or you could develop new symptoms requiring immediate medical care you could have received if you were still in the hospital.
Some common examples of scenarios that can result in a premature hospital discharge include the following:
- Your doctor did not order the correct tests to accurately diagnose your medical condition.
- Your doctor or other medical provider did not confirm you were physically (and mentally) able to care for yourself after discharge.
- Your doctor failed to wait for a CT scan or MRI result to accurately show your current medical issue.
Failing to adequately assess your condition before discharging you could result in the doctor’s additional failure to identify a surgical complication or diagnose a serious illness that would have otherwise been detected under proper care or medical observation. You should never be released from a physician’s care in a hospital until you are assured that your medical condition has resolved or can be appropriately treated once you are home. A premature hospital discharge can cause serious harm or even be fatal.
Why Does Early Discharge Happen?
Unfortunately, unsafe discharges can occur for many reasons. Hospitals may try to justify an early discharge as being in your best interest. However, some common reasons for discharging you could be purely economic. For example, you may have reached your insurance coverage limits, or there is a lack of available beds. Some common medical reasons for premature discharge from the hospital include:
- Believing you can be appropriately treated elsewhere
- Demonstrating you are medically stable for discharge home
- Alleging your lab test results show it is safe to send you home
Despite a hospital’s desire to quickly discharge patients, these are unacceptable reasons to release you if you are not healthy enough to leave the facility. Prematurely discharging you from a hospital, which results in further injury (or even death), can lead to a medical malpractice lawsuit for damages. An experienced medical malpractice lawyer can investigate if you have a viable claim to recover compensation due to a negligent hospital discharge.
Can You Sue a Hospital for Early Discharge?
Yes, you can sue if a hospital sends you home before it is safe to do so. You must be able to prove you were released from the hospital before it was appropriate. You must demonstrate that being prematurely discharged from the hospital directly caused harm or further complications to your health. If this occurred, you may have a viable claim against the hospital and your healthcare provider. Specifically, if your doctor decided you could be released and you suffered harm because you were discharged from care, that decision could constitute medical malpractice.
However, not every early discharge constitutes medical malpractice. Medical malpractice attorneys review the facts and circumstances of these cases to determine whether malpractice indeed occurred. They gather evidence to assess whether a reasonable doctor under the same or similar circumstances would have also discharged you. Sometimes, this requires the opinion of a qualified expert witness, typically another doctor. If they opine that a reasonable doctor would not have discharged you based on your condition at the time, you may proceed with a medical malpractice case.
To bring a successful claim against a hospital for negligent discharge, you must show proof of harm. You must demonstrate how you were injured because of the early release from the hospital.
Since you were not monitored once you went home, you may have:
- Developed a medical problem or condition you wouldn’t have if you had not been discharged early
- Suffered some harm or injury you would not have otherwise suffered if you continued your hospital stay
- Experienced worsening symptoms or a medical condition you had at discharge (or became more difficult to treat) that would not have otherwise occurred
A wide range of medical conditions and complications can develop from early discharge from a hospital. For example, you could suffer the following:
- Stroke
- Blood clots
- Heart attack
- Infections
- Bed sores
- Bowel obstruction
- Post-surgical complications
- Pulmonary embolism
- Drug complications
Devastating consequences of an early hospital discharge can occur quickly, potentially resulting in serious injury or wrongful death.
If you or your loved one suffered harm due to premature hospital discharge, the Law Office of Kelley J. Johnson can help. We can thoroughly review your case, gather the necessary evidence to support your claim, and assess the liability of all potentially at-fault parties. In Indiana, you must bring a medical malpractice lawsuit within two years after your injury. Because the timeframe for pursuing compensation in court for the negligent discharge from a hospital is not unlimited, contacting a medical malpractice lawyer shortly after your injury is crucial.
Contact an Experienced Medical Malpractice Attorney to Discuss Your Case
At the Law Office of Kelley J. Johnson, you can work with a law firm whose sole focus is medical negligence. With our extensive experience with medical malpractice claims against healthcare providers and before the Indiana Patient’s Compensation Fund, we’re well-equipped to help you in your negligent discharge from hospital lawsuit. We work with expert witnesses in various specialty areas who can further support your claim. Rest assured, our firm is dedicated to helping you through this difficult time. Contact the Law Office of Kelley J. Johnson today for a free consultation.
