Can You Sue for Negligent or Premature Discharge From the Hospital?

Nobody likes to be in the hospital, and most people who are hospitalized want to leave as soon as it’s safe for them to do so. The last part of that sentence is the key: even if you don’t want to be in the hospital, you also don’t want to be forced to leave if being discharged will endanger your health.

Sometimes it is simply not safe to discharge a patient from the hospital. And under some circumstances, a premature discharge can rise to the level of medical malpractice.

When is Premature Discharge Medical Malpractice?

For an act or omission to constitute medical malpractice, it has to meet all the elements of a medical malpractice claim:

• The party against whom the claim is made must owe a duty of care to the injured party;
• There must have been a breach of the duty;
• The party making the claim must have suffered an injury caused by the breach of duty; and
• The injured party must have damages as a result of the injury. These can be economic damages, like medical bills and lost wages, or non-economic damages, like pain and suffering.

If the facts of your situation check all of those boxes, you may be entitled to compensation for your negligent premature discharge.

What Does Negligent Premature Discharge Look Like?

Premature discharge from the hospital can take many forms, but they all have certain things in common: there were signs that would have told a reasonable provider it was too soon to discharge the patient; the patient was discharged anyway; and the patient suffered injury or death as a result.

One example is a patient who undergoes abdominal surgery in the hospital and is discharged the next morning, despite the fact that they have a fever, elevated heart rate, and insist that their abdomen hurts. Two days later, the patient shows up at the Emergency Department with severe sepsis; they had a postoperative infection that was undetected and untreated before their discharge. Because of the premature discharge, the infection grew steadily worse, and the patient now needs ICU care.

Evaluating this case according to the elements listed above:

• The duty of care was created by the hospital-patient relationship;
• The breach of the duty was discharging a patient who was complaining of pain, suffering from a fever, and with an elevated heart rate, which together suggest infection. This is a violation of the standard of care.
• The injury to the patient was the harm caused by the untreated infection, which developed into sepsis and could cause multi-organ failure and prolonged hospitalization in the ICU, secondary infections, or death.
• The patient’s damages might include additional hospital bills attributable to the ICU treatment for sepsis, the cost of ongoing medical treatment due to complications for sepsis, lost wages, pain and suffering, and more.

Other types of negligent discharge might include discharging a patient without appropriate follow-up or medication, discharging a patient without thoroughly reviewing the results of tests conducted during their hospital stay, or discharging a patient without proper care instructions. Unbelievably, some hospitals have even accidentally discharged the incorrect patient.

How Common is Premature Discharge From the Hospital?

It’s more common than you might think, and there are many reasons hospitals might rush to discharge patients. Health insurance doesn’t cover an indefinite stay in the hospital, and in order for hospitals to receive reimbursement from insurance companies, they are under pressure to make sure patients don’t remain inpatient any longer than necessary.

Staffing issues can also play a role in premature discharge from the hospital. Hospitals dealing with overworked staff may try to take the pressure off of care teams by releasing patients as soon as they can be discharged. Occupancy limitations are also an increasing hospital. When there are sicker patients waiting to be admitted, patients who are recovering, but not quite well enough to be discharged, may find themselves with discharge papers in hand. Whatever the reason for your premature discharge from the hospital, if you suffered an injury as a result, you should not assume that there is no recourse, especially if your injuries were serious.

What Should I Do if I Suspect the Hospital Discharged Me Too Soon?

If you believe that your discharge from the hospital was premature and negligent, you should consult an experienced medical malpractice attorney to determine if you have a claim for medical malpractice. Simply being discharged before you feel ready may not rise to the level of malpractice, but if the circumstances of your discharge satisfy the elements of a malpractice claim as listed above, you may be entitled to compensation.

The only way to know for sure is to discuss your case with an attorney who is familiar with discharge from hospital negligence. It’s best to consult a lawyer as soon as possible, because there is a statute of limitation on these claims; if you wait too long, your claim may be barred, no matter how strong your case is. To learn more about negligent discharge and medical malpractice, contact the Fraser Law Firm to schedule a consultation and explore your options.