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Medical Malpractice and Early Discharge Complications

When a patient is discharged early from a hospital, it can often have devastating repercussions. Hospitals have, at times, been known to discharge patients before they are medically stable enough to go home to finish their recuperation. This occurs for many reasons from overcrowding to a shortfall in capacity to manage surgical volume. The fact is, however, when a patient is discharged and then shortly thereafter re-admitted, it may by definition be a case of medical malpractice if that readmission was due to complications resulting from the early discharge.

Of course, in order to prove medical malpractice the early discharge must fall below the medical standard of care. (Would a competent physician in the same circumstance have demonstrated the same action or inaction?) In addition, a malpractice claim must also demonstrate that the patient suffered harm as a result of the action or inaction (in this case the early discharge). Further, the claimant should consider these questions:

  • Did the physician fail to schedule a follow-up visit?
  • Did the physician fail to properly diagnose and treat the patient?
  • Was proper testing conducted before the discharge?
  • Did the physician or facility fail to ensure the medical stability of the patient?


If the answer to any of these questions is yes, you may have a viable medical malpractice case.

However, proving your case is not that simple. Often in these cases plantiffs need the support of expert testimony to help bolster a medical malpractice claim. That’s one reason why it’s extremely important that anyone seeking to bring a medical malpractice claim to bear consult with an experienced personal injury attorney who understand the challenges of winning medical malpractice claims. The attorneys of Panio Law Offices are skilled documenting evidence in these cases and establishing expert testimony that support these kinds of medical malpractice claims.

Early discharge in and of itself may not rise to the level of medical malpractice. Likewise, just because a patient has to be readmitted to a hospital or medical facility, it does not necessarily mean that the early discharge was injurious or that the circumstances of the early discharge would not have led a competent medical professional to take the same measures in patient treatment.

There are a lot of factors that must be considered in making a determination of medical malpractice, and an experienced personal injury attorney can help navigate the difficult road to damage recovery when patient harm occurs.

If you have questions about a medical malpractice case or would like to file a medical malpractice claim, please call the attorneys of Panio Law Offices at 800.799.7561. We can help.

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