Can an Early Discharge Be Medical Malpractice?
Posted on Jun 11, 2014 4:54pm PDT
If it turns out that a discharge from the hospital was premature, and the patient had to be readmitted to a hospital for treatment, it might be possible that the early discharge constitutes medical malpractice. As a serious a mistake as an untimely discharge can be, however, it always important to emphasize that not every medical mistake can be considered medical malpractice.
When can you know that a mistake is malpractice? Readmission doesn't matter, not really. You would have to establish that you were actually injured because a doctor or hospital did not meet a medical standard of care; a failure to meet this standard can be considered malpractice.
So what is this standard of medical care? Essentially, what it boils down to is whether or not an adequately skilled medical professional would have discharged a patient in the same situation as you were in. If a competent physician would not have discharged you given the details of your case, you might be able to file a medical malpractice claim.
If your early discharge caused health complications, your medical malpractice claim might center around the fact that you were not asked to set up a mandatory follow-up appointment, or that the doctor did not correctly diagnose your condition or its severity, did not perform necessary tests before discharging you, or did not see to it that you were medically stable before you left the hospital.
In order to establish your case, not only do you need a qualified legal professional, but you will also need a medical expert, someone who can explain what the medical standard of care was in your case. A successful lawsuit could mean compensation for medical costs, lost income, pain and suffering, and more. But of course, the first step is to find a dedicated medical malpractice attorney who can see your case through. Find the legal advocate you need today!