Negligent discharge from hospital lawsuit

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Do I Have a Case?

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Were you sent home too early from the hospital?

Even though visiting a hospital can be an uncomfortable experience, patients expect doctors to perform thorough health exams and only release patients when absolutely sure patients are healthy enough.. Unfortunately, doctors and hospitals sometimes discharge patients too early, putting the health and safety of the person at risk.

If you or a loved one suffered a serious medical injury after being sent home from a physician's care, it could be because the hospital was negligent. At The Cochran Firm, D.C., our experienced medical malpractice lawyers work closely with an in house registered nurse and outside medical experts to determine if patients suffered harm due to a doctor’s error.

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Wrongful discharge from hospital

When patients leave the hospital, they should have the peace of mind knowing their doctor made a proper diagnosis based all of the patient’s symptoms and likely outcomes. However, not all doctors deliver treatment consistent with what another specialist in a similar situation would recommend, referred to as the standard of care.

Important elements of a wrongful discharge medical negligence claim:

  • Doctor-patient relationship - Victims can only hold treating physicians responsible for negligence claims
  • Duty - Physicians owe patients a duty to adhere to medically accepted standards of care
  • Breach - Doctors violated the standard of care by sending home patients home
  • Cause - The plaintiff’s medical condition worsened after discharge
  • Damages - The injury must result in damages like medical bills, lost wages, or pain and suffering

Like other medical malpractice lawsuits, wrongful discharge from hospital claims must prove the patient’s doctor acted negligently by deviating from the standard of care. Furthermore, the patient must prove his or her condition worsened and suffered injury as a result of the early discharge from the hospital.

Why was I sent home from the hospital too early?

Hospitals send patients home too soon for many different reasons, none the least of which are preceded by some other type of medical malpractice. Often times, doctors discharge individuals because the individual appears to be stable enough to go home, even though the patient is suffering.

Doctors sometimes release patients based on incomplete information because they failed to take some other course of action. Reasons for improper patient discharge include:

  • Failure to order appropriate testing - Performing the necessary tests would have revealed the extent of the patient’s condition
  • Misdiagnosis - Doctors incorrectly identify a benign medical condition as the source of symptoms
  • Failure to refer to a specialist - When doctors exhaust their expertise in a certain field of medicine, they may need to send patients to a specialist for further evaluation
  • Delayed diagnosis - Patients leave hospitals before test results come back

How do I prove my medical malpractice case?

Medical malpractice lawsuits are complex pieces of litigation, requiring skill and attention to detail. Moreover, hospitals retain expereinced defense attorneys adept at denying and delaying claims, even as victims and their families struggle to deal with lost wages and staggering medical bills incurred as a result of a doctor’s negligence.

Victims should consult with an experienced personal injury lawyer to discuss the details of the case and find out what their lawsuit may be worth. A dedicated attorney can sift through all the medical information and work with experts in the field to prove the patient’s doctors failed to exercise due caution when administering medical treatment.

What can I recover for negligent patient discharge?

Under the law, medical malpractice victims can recover compensation for various types of damages. Although each case is different, most medical negligence claims seek to recover damages for:

  • Hospital bills from
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
  • Funeral costs
  • Loss of service

Even in cases of clear liability, defendants rarely compensate victims appropriately for all the harm suffered. While hospital bills and past lost wages are relatively easy to settle on, hospitals often litigate over expenses for additional medical care and loss of future earning potential.

Moreover, noneconomic damages for pain and suffering, emotional distress, and loss of services are even more subjective in the eyes of defendants who often downplay the extent of the victim’s injury to lessen compensation. Fortunately, the law allows victims to retain experienced and dedicated medical malpractice attorneys to represent their legal interests.

Washington, DC medical malpractice lawyer

If you or a loved one suffered a serious medical complication after being discharged from a hospital, contact our office to speak to a Washington, DC medical malpractice lawyer about your case. Our law firm offers free legal consultations with potential clients and does not collect any legal fees until we win your case.

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The Cochran Firm handles Medical Malpractice, Catastrophic Personal Injuries, Motor Vehicle Accidents & Wrongful Death Claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship. Please contact The Cochran Firm today to schedule a free consultation.
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