Attorney
Having the need to go to the hospital is a highly unfortunate situation, but the silver lining is that you can reasonably expect hospital staff to administer proper treatment until you are firmly on the road to recovery. If it seems like the staff is letting you go prematurely, however, you might wonder what constitutes an unsafe discharge from hospital.
Our team at Koonz, McKenney, Johnson & DePaolis, LLP proudly handles medical malpractice cases across Washington DC, Maryland, and Virginia. We can help you understand the full implications of an unsafe discharge from hospital and support you in your claim to secure suitable compensation for this harmful act.
What Is an Unsafe Discharge From Hospital?
An unsafe discharge refers to a situation in which hospital staff send you home despite the fact that your release could negatively affect your health. It is important to note that a premature discharge from the hospital is not always a malicious or intentional act. However, harmful negligence could be a factor in the decision.
Examples of an unsafe or premature discharge from the hospital include:
- Being discharged without a proper diagnosis
- Being discharged while in an unstable condition
- Not receiving instructions or plan details for follow-up care
- Being discharged before all diagnostic tests are complete
- Not receiving appropriate treatment for your injury or condition
If you experience any of these circumstances, it likely is an unsafe discharge from hospital. In such a situation, the medical professional who discharges you is guilty of negligence for which you may be eligible for compensation.
Why Do Unsafe Hospital Discharges Happen?
Many unsafe hospital discharges happen because medical professionals mistakenly believe that the patient is in a healthy condition. For example, there may be diagnosis mistakes or testing errors. These may be honest mistakes, but they are also results of negligence that can lead to adverse effects on the patient’s health if they go home without receiving appropriate treatment.
In some cases, hospital staff might even decide to discharge a patient simply because they believe the patient cannot afford treatment or that they have inadequate insurance. This is an unsafe discharge from hospital, especially in emergency situations, because the patient can suffer from worsening injuries or even death due to the hospital’s refusal to provide treatment.
How Can You Tell if You Were Discharged From the Hospital Unsafely?
While you are at the hospital, you are putting your complete trust in the medical staff to treat you appropriately and to the full extent of their ability. Even if the hospital is about to send you home, you might have no of knowing if it is going to be an unsafe discharge.
In a study discussing the prevention of adverse events after discharge, there were three key areas highlighted that the hospital should always address before discharge:
- Medical reconciliation
- Structured discharge communication
- Patient education
If you noticed that medical staff did not address these areas of your treatment prior to your discharge, then you may want to consult with an attorney. You have the right to request a copy of your medical records, which your legal team can then review to help you determine if you have a strong medical malpractice case on your hands.
The same study also mentions that nearly 20% of patients experience adverse events within 3 weeks of discharge. It is important to be particularly mindful of your health and well-being in the weeks after coming home from the hospital, especially if you believe you were prematurely discharged.
Can You File an Unsafe Discharge From Hospital Lawsuit?
If you suffered harm or had the potential to suffer harm due to an unsafe discharge from the hospital, you have the right to pursue a legal claim for compensation from the party responsible. As with any medical malpractice case, however, there are certain elements that must be present for your claim to be successful:
- The doctor or hospital had a duty of care to you as a patient
- The doctor or hospital breached that duty by exhibiting negligence in the course of their duties
- You suffered harm as a direct result of that breach of duty
- You incurred losses, such as additional medical costs, as a result of that harm
- The doctor or hospital’s actions were the proximate cause of your harm
The burden of proof is on the claimant when it comes to a medical malpractice case. Your attorney can provide valuable support in gathering evidence to prove without a doubt that your injuries were the result of medical malpractice and not a pre-existing condition.
What Compensation Can You Receive for an Unsafe Discharge From Hospital?
After proving that your release from medical care is an unsafe discharge from hospital, you and your legal team can enter negotiations with the medical facility’s insurance provider to secure your rightful compensation. In this type of medical malpractice case, you can pursue compensation for damages including:
- Additional medical bills and long-term care costs associated with the unsafe discharge
- Lost wages from missing work or loss of future income-earning potential
- Loss of quality of life resulting from injuries caused by the unsafe discharge
- Mental pain and suffering resulting from the situation
- Emotional distress caused by inadequate medical treatment
How Can a Medical Malpractice Lawyer Help Your Case?
The turmoil you are facing after a premature discharge from medical care can be overwhelming, but you do not have to face it alone. You deserve a helpful guiding hand that can carry your legal burden while you focus on recovering from your initial medical condition as well as further complications caused by an unsafe discharge.
Our medical malpractice lawyers at Koonz, McKenney, Johnson & DePaolis, LLP can support you by:
- Investigating the cause of your unsafe discharge from hospital
- Collecting evidence to establish the hospital’s negligence
- Helping you file your initial claim and complete additional paperwork
- Negotiating with the hospital and their insurance provider on your behalf
- Taking your case to court if you so choose
Contact Our Medical Malpractice Lawyers Today
When your release from medical care is an unsafe discharge from hospital, it can easily feel like the entire healthcare system is ignoring your needs. At Koonz, McKenney, Johnson & DePaolis, LLP, we hold negligent healthcare providers accountable and make sure their insurance providers hear your voice.
Contact us today for a free consultation regarding your medical malpractice case. You pay us nothing until we secure a settlement from the parties responsible for your injuries.