Premature or early discharge occurs when a patient is released from a hospital or other medical facility before it is reasonably safe. It occurs in 11.2% of the medical population - highlighting the importance of proper discharge procedures and patient education.
However, a separate study reported that 80% of patients did not receive discharge education or information before their observation period began. This lack of information leaves them at a state of loss of not fully understanding the discharge process or whether they have completed their treatment.
To ensure your health and rights are protected, remember these instances that may indicate an early discharge from the hospital and the steps to take afterward:
Has Your Health Declined Following an Early Hospital Discharge?
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1. Your Medical Assessment was Incomplete
An incomplete assessment may increase the risk of medical misdiagnosis. This happens when patients do not receive specific tests to review their symptoms, medical history, and pre-existing conditions. Examples of such diagnostic tests are as follows:
- Laboratory tests (blood and urine tests)
- Imaging tests (mammography and CT scan)
- Endoscopy (colonoscopy and bronchoscopy)
- Biopsy
If you feel that your primary health issues were not thoroughly handled or specific symptoms were not given diagnostic tests, you can inquire about your health status and treatment plan. Seeking clarification and asking questions can help ensure you receive the appropriate care for your needs.
2. Your Test Results Were Not Provided to You
Patients have the right to receive explanations of all completed test results; otherwise, it is considered early discharge if they’re not aware of their results.
Healthcare providers must discuss diagnoses, prognoses, and treatment plans using understandable language and encourage questions. These rights are part of the Patient's Bill of Rights in New York.
Failing to provide this information could be considered negligence in providing the standard of care. Healthcare providers who violate these rights can face legal liability and financial penalties.
If you believe your rights have been violated, these are the initial steps you must take:
| 1. Speak with the provider or supervisor to resolve issues through the hospital's complaint process; or |
| 2. File a complaint with the New York State Department of Health; and, |
| 3. Consult our medical malpractice attorney to understand your legal options. |
Taking these steps ensures that your voice is heard and that appropriate actions are taken to address any violations of your rights as a patient.
3. Your Condition Worsened After Being Discharged
A sudden decline in your condition following discharge is a potential indicator of a negligent release. These circumstances warrant careful consideration and may suggest that your discharge was premature or inadequately planned.
It's important to know that you can access your medical records if you suspect an unsafe discharge, as protected by the Patient's Bill of Rights. These records can be used to seek second opinions from experts to uncover a potential misdiagnosis or find out that the proposed treatment may not follow current best evidence or is controversial, resulting in harming the patient after discharge.
When negligence occurs and causes harm to you, it's important to consult a qualified attorney experienced in handling such cases. At the Porter Law Group, we have a proven track record of success in handling similar cases for our clients.
How to Prove Negligence in a Prematurely Discharged Case
The abovementioned instances were already a factor in proving negligence of a premature discharge. However, to make it more specific, these four key elements need to be established to make a claim valid:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| 3. Causation – Did your doctor’s actions/inactions directly cause you harm? |
| 4. Damages – What did these errors cost you? |
Once these elements have been pinpointed and established, the legal team can now file a medical malpractice claim. Our proven trial attorneys can help gather evidence, officially file your case, and negotiate just compensation for your economic and non-economic damages.
Questions about Filing a Medical Malpractice Claim?
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Speak to a Medical Malpractice Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
