Did An Early Discharge Cause Your Injury? What You Should Know

Law Blog

When you stay in the hospital, you have the expectation your care will be the top priority for the staff and medical personnel. Unfortunately, some patients are discharged too early, which in some instances can cause a condition to worsen or result in an injury. If you do not think you were completely healed upon discharge and your condition got worse as a result, you may have grounds for a medical malpractice lawsuit. Here are some things to consider:

Do You Have a Case?

Medical providers have a duty of care. This means they must make every effort to care for patients reasonably when compared to similar cases. All patients should receive the same standard of care no matter if they are wealthy or of little means.

To prove malpractice, you have to show the medical provider failed to show duty of care as would someone else in your same position. Ideally, if you were discharged on day two when someone else with your same condition and with the same circumstances was allowed to stay until day four, it is feasible there was a breach of duty of care.

Are You Certain the Discharge Is Early?

Your early discharge can be for any reason. When a hospital census gets full, the beds are needed for critical patients, some who may have been more critical than you. The problem happens when your discharge occurs before you are healed enough to feel comfortable going home. One way to know if your discharge is too early is if your pain management is not under control. If you still require some test results or need more therapies, your discharge could be too soon. Additionally, you should speak with your doctor before your discharge about your follow-up care.

How Will You Prove Your Case?

To sufficiently prove your medical malpractice case, you need to obtain enough evidence to convince a court you were discharged too early. One thing you should do is seek out a second opinion about your release time. You should visit another doctor as soon as possible after your discharge so your condition is as close to that of your discharge time. This way, the new doctor can compare your condition to that of someone similar to you. The new doctor should be someone objective who you have never seen before. The doctor could even be an expert witness for you if your case ends up in court.


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