Can You Sue for Medical Malpractice if You Were Discharged Prematurely?

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Human error in the complex healthcare system is the sixth leading cause of preventable death in America, causing nearly 80% of all adverse events in healthcare. At least 80% of lawsuits involving medical malpractice occur after death or serious injury, but it’s not always so dramatic. Sometimes patients are just released too early and face complications as a result. So can you file for medical malpractice with a personal injury attorney if you or a loved one was discharged too soon?

Even the best personal injury attorneys can’t win every case, but if you can prove that a medical professional was negligent in your case and didn’t give you the same standard of care that a similarly-skilled and rational professional would have given you, you should have a fairly good chance.

Unfortunately, this isn’t as simple as being readmitted after being discharged, especially if you go back in for treatment you would have received otherwise. You need to prove that the early discharge harmed you in some way, and this doesn’t include feeling annoyed or inconvenienced. A personal injury attorney can’t build a case around annoyance.

Usually, you can sue for medical malpractice if the health care professionals responsible for you failed to schedule an important follow-up visit, diagnosed and treated you incorrectly, didn’t conduct the right tests before discharging you or didn’t ensure your medical stability. Any combination of these things can mean a substantial malpractice claim. You can also go after a hospital if they discharged you because their mismanagement of the facility caused overcrowding.

To prove your claim, you’ll usually need to find an expert witness who will testify on your behalf if the case goes to court. Usually this witness will have to have similar training and experience as the professional who chose to discharge you, so the court can see that a similar professional would have made a different call.

If you win your case, you can often recover medical bills, lost earnings, lost ability to earn an income, and pain and suffering. Finding the best personal injury lawyers in your area to represent you is a great place to start.
Continue your research here.

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