Improper Discharge and Medical Malpractice

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or medical technician, fails to meet the standard of care that is required. The standard of care is defined as an appropriate level of care that is recognized as acceptable by similar healthcare providers. This failure can happen in many ways. It can be a misdiagnosis, a medication error, or a surgical error. Medical malpractice can also happen when a patient is improperly discharged. Improper discharge, in some cases called wrongful discharge, often happens in the emergency room, but it can happen after a planned stay in the hospital or other medical facility as well.

Improper discharge endangers a patient’s health and carries legal risks for medical practitioners and healthcare institutions. For example, if a patient suffered pain and/or injuries from being prematurely discharged from a hospital or medical facility, it may result in a patient needing costly and extensive follow-up care, or even death, and therefore, healthcare providers may face significant legal and financial repercussions.

The attorneys at HPS have frequently handled improper discharge cases. In one such situation, we uncovered the fact that the mistake was made when the cardiac nurse sent the patient home after a cardiac rehabilitation session, during which the patient had experienced significant symptoms that should have led to an immediate ER admission. The victim collapsed and died within minutes of leaving the rehabilitation center. We obtained a $1.85 MILLION wrongful death settlement for the family left behind.

Proper documentation and clear communication from the healthcare providers mitigate such risks, while prioritizing patient safety. Ensuring that patients leave the medical facility or hospital only after receiving thorough evaluations, accurate diagnoses, and detailed care instructions is an essential part of quality care delivery.

What Constitutes Improper Discharge?

A few examples of improper discharge scenarios include:

• Premature Discharge – Premature discharge occurs when a patient is released from a hospital or medical facility too soon, before his or her medical condition has been appropriately stabilized, and it is unsafe for a patient to be without ongoing professional medical monitoring.
• Discharge With Improper Medication – A discharge with improper medication can result from a number of things, including mistakes in bottle labeling, incorrect dosage, dangerous medication interactions, confusing patient records, or other negligence on the part of a medical professional.
• Discharge Without Adequate or Proper Care Directions – Most patients require care instructions once they are released. These instructions may include such things as how and when to take medication, how and when to engage in physical therapy, what to do if your condition worsens, and similar directions or instructions. Failure to provide adequate care instructions is dangerous and leaves the patient at risk for multiple types of harm.
• Discharge Prior to Sign-Off by Doctors or Specialists – The healthcare professionals assigned to a patient’s care should collaborate in a discharge plan that is safe. If a patient is discharged before all doctors involved in their care have received solid knowledge of the patient’s condition, and do not communicate properly with one another, it can leave the patient at substantial risk of harm.

Do You Suspect Improper Discharge?

Generally, people trust the decisions of their healthcare providers, so they may not think of looking for indications of wrongful discharge from a medical facility or hospital. However, you may recognize that you or a loved one is a victim of improper discharge if:

• Your medical condition is not improving or worsening significantly after discharge.
• A doctor did not examine you before the discharge occurred.
• You were sent home without receiving tests, consultations, or medications that were ordered.

The effects of a wrongful discharge vary, but some issues that can arise include:

• Infection
• Adverse drug events
• Bleeding
• General health deterioration
• Death

Damages That Are Available for Improper Discharge

If you believe that you or a loved one suffered a compensable injury due to improper discharge, you must show:

• The doctor owed you a duty of care.
• The duty of care was breached.
• The breach was the result of your injury.
• The injury is compensable.

If these elements can be proven, then there may have been medical negligence on the part of the healthcare professional. There are several types of damages that may be available to victims of medical malpractice in Florida:

• Economic damages are monetary losses that include lost wages, medical and rehabilitation costs, and other out-of-pocket damages.
• Non-economic damages are subjective and can include pain and suffering, as well as emotional distress. Loss of consortium is another form of non-economic damages to which a patient’s spouse may be entitled.
• Punitive damages may be available as well. However, Florida law only allows a patient to recover punitive damages in particularly rare and egregious situations.

Speak to a Medical Malpractice Attorney at Osborne, Francis & Pettis Today

Medical malpractice is a very serious matter. It can result in pain and suffering, lingering impairment, or even death. At Osborne, Francis & Pettis, we have been helping people with their medical malpractice claims for many years.

To arrange a confidential consultation, contact us here. But don’t delay! In Florida, the medical malpractice statute of limitations for a civil trial is two years from the date of the injury, with very few exceptions. So, it’s important to consult with an attorney as soon as you think you have a medical malpractice claim.

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