What Is an Unsafe Discharge from a Hospital?
Very few people want their hospital stay to go on longer than it has to, but what happens when a hospital asks someone to leave before they should? Doctors and nurses have an obligation to provide their patients with a minimum standard of care. This often requires medical staff to complete any necessary tests and keep patients under observation until they are certain the patient is well enough to leave the medical facility.
However, when medical professionals fail to do so, they may send the patient home early. Early hospital discharge can put patients at risk for injuries and further health complications, which can have grave consequences.
Hospital Early Discharge Lawyers in Michigan
If you or someone you love has been negligently discharged from a hospital or emergency room, contact the Southfield medical malpractice attorneys at Lipton Law today. We understand how dangerous it can be for patients to be discharged from the hospital prematurely, and we can help them navigate the legal system and recover the compensation they deserve.
Call us at (248) 557-1688 to schedule a free consultation with a medical malpractice attorney on our team.
What Is an Unsafe Discharge from a Hospital?
Normally, a patient being discharged from the hospital is a good thing: it means that the patient is medically stable enough to continue to heal at home, usually with a follow-up care plan to ensure they are on the right path toward recovery. However, not all patients who are discharged from the hospital are actually well enough to leave the care of their doctors and nurses.
An unsafe hospital discharge is when a hospital wrongfully discharges its patient before ensuring the patient is healthy enough to leave. Premature discharge often leads patients to readmit themselves to the hospital in the following weeks, days, or even hours after their initial discharge.
An Unsafe Discharge Could Be a Form of Medical Malpractice
Some unsafe discharges are the result of medical negligence, meaning that the patient was released from the hospital because a medical professional failed to provide the patient with a minimum standard of care. If the patient suffers from injuries as a result of a negligent discharge, it can give the patient or their family grounds to file a medical malpractice lawsuit.
What Is Considered an Unsafe Discharge from the Hospital?
In most discharge situations, a patient is observed and discharged at a reasonable time. In an unsafe discharge, however, the doctor discharges the patient long before the patient should be sent home.
An unsafe discharge occurs when a patient is released prematurely, released without being given post-discharge care instructions or a personalized care plan, or released before their health concerns are actually addressed.
Not all unsafe discharges lead to health issues or injuries, but being prematurely discharged from the hospital can greatly increase a person’s risk of suffering from serious injuries or even death. This is even more true for more vulnerable patients, like elderly individuals and newborns.
Elderly Patients Discharged from Hospitals Too Soon
Elderly individuals often require caretakers to ensure they take their medications, receive proper nutrition, and maintain good hygiene. When a hospital discharges an elderly patient too soon or sends them home without proper follow-up care plans, they are oftentimes readmitted to the hospital soon after they leave.
That’s why many states have passed the Caregiver Advise, Record, Enable (CARE) Act, which requires hospitals to:
- record the patient’s family caregiver in their medical record;
- inform the family caregiver when the patient is discharged; and
- provide the family caregiver with instructions on what they will need to do to take care of their loved one following the patient’s discharge.
Caregivers are informed on how to perform tasks like managing multiple medications, managing special diets, giving injections, providing wound care, and using medical devices, if needed. This is especially helpful in situations where the elderly person is not living in a nursing home.
Still, it’s important that hospitals only discharge elderly patients after having them under medical observation for an adequate amount of time. This can help decrease the likelihood of readmittance and protect patients from harm.
What Are Your Rights in Negligent Hospital Discharge Cases?
As a patient, you have certain legal rights and privileges that are designed to help protect you from harm, including in the event of an early release. In most cases, patients have the right to ask to appeal the decision to discharge them. Depending on hospital policy and the circumstances, patients may even be able to refuse discharge if they believe their health is at risk.
Additionally, patients have the right to ask for a second opinion regarding their medical condition, which can help address any health concerns their medical team may have missed. If you believe you are being discharged too soon, ask to be informed of your rights and voice your concerns to the medical staff.
Can a Hospital Discharge You Against Your Will?
In most situations, hospitals cannot discharge patients against their will unless certain legal criteria are met. However, if you ask to appeal your proposed discharge, and you are still deemed medically ready for discharge, the hospital may discharge you against your will.
Can You Sue a Hospital for Early Discharge?
Yes, in certain situations, if you are discharged from the hospital too soon, you may be able to sue for medical malpractice. Medical malpractice cases can be difficult to navigate without an experienced legal professional on your side, so be sure to speak with an attorney regarding your potential hospital malpractice claim. They can evaluate your eligibility and can help develop a case against the hospital on your behalf.
When Does an Early Discharge Constitute Grounds for a Medical Malpractice Claim?
Not all early discharge cases constitute grounds for a medical malpractice case, so it’s important to know which kinds of cases are actually eligible for this kind of lawsuit. Medical malpractice occurs when:
- A doctor or other medical professional deviates from the standard of care that’s expected of them; and
- The patient suffers injury as a result of the medical professional’s breach of care.
The standard of care is the baseline amount of care a medical professional is expected to provide each of their patients. In any given situation, if a medical professional fails to meet this standard of care, they put their patients at risk for serious injury and even death.
In an early discharge case, a physician or nurse could potentially be negligent if they release the patient early and the patient:
- Suffers from an undiagnosed condition that they should have been treated for;
- Suffers from a condition that the hospital should have been able to treat; or
- Begins suffering from a medical condition they developed as a result of their early hospital release.
Contact us right away if you believe you may have a doctor malpractice or nursing malpractice claim.
What Damages Can You Recover in a Hospital Early Discharge Claim?
If the patient is released from the hospital without the proper amount of observation or care, and their condition worsens after they leave, the medical professionals who discharged them could be held financially responsible for the patient’s losses. These losses can include:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Loss of earning potential
- Funeral and burial expenses, in the event of a wrongful death
These damages match the actual financial and non-economic losses the patient suffered as a result of their early release from the hospital. Due to how dangerous a negligent discharge can be, patients and their families can suffer from extremely costly losses and devastating emotional damages as a result of an early release from the hospital.
Preventing Unsafe Discharge from Hospitals
Most hospitals have certain protocols designed to help prevent unsafe discharges, but these protocols aren’t always foolproof. This requires patients to be their own advocates against wrongful medical treatment.
If you believe that you are being discharged from the hospital too soon, be sure to:
- Speak with your attending physician or nurse and inform them of the symptoms you’re suffering from (especially if they have changed since you last spoke with them regarding your symptoms).
- Ask to speak with the hospital discharge planner about your right to a timely discharge.
- Ask the attending physician or nurse why you are being discharged or for clarification on discharge instructions.
- Request a second opinion from another healthcare professional regarding your discharge.
- Ask to appeal the decision to discharge you.
- Make arrangements with your primary care physician following discharge to ensure your plan of care is appropriate and that any potential complications are caught as soon as possible.
If you feel your concerns are not being addressed, be sure to involve friends and family who may be able to advocate for you to ensure you receive the care you need. You can also ask to speak with a hospital patient representative Additionally, you should do what you can to document the situation and any conversations you have with your medical team. These can help prove negligence in a future medical malpractice claim.
File a Medical Malpractice Lawsuit Today
Substandard medical care can greatly harm or even kill patients, and releasing a patient from the hospital too soon can have grave consequences. If you or a loved one has experienced harm due to premature hospital discharge, you deserve justice. The medical malpractice lawyers at Lipton Law are here to fight by your side to ensure you receive the compensation you deserve.
Your well-being matters, and we are committed to helping you navigate the legal system so that you can receive the favorable resolution you deserve. We want to ensure your voice is heard. Call us at (248) 557-1688 or contact us online to schedule a free consultation with an experienced medical malpractice lawyer on our team.
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