Doctors and hospitals are obligated by state and federal law to provide care to a patient until his or her condition has stabilized and leaving the medical facility will not adversely affect the individual’s health. A negligent discharge from hospital—when a patient is released before he or she is medically ready—is a form of medical malpractice and may make the victim eligible for compensation.
How to Define and Recover from Negligent Discharge from Hospital
West Virginia Code, Chapter 55-7B requires that any person who suffers injury or death as a result of premature discharge and medical malpractice should receive “adequate and reasonable compensation.”
Health care professionals and institutions must abide by prescribed standards of care. If those standards are not met, as in hospital discharge malpractice, the injured individual and his or her family should seek legal assistance in recovering the full amount of damages to which they are entitled.
What Is a Negligent Discharge from Hospital?
Premature discharge and medical malpractice occur when your doctor deviates from the medical standard of care. If you are discharged before your condition has stabilized or at a time when discharge could adversely affect your health, that could constitute negligent discharge.
You may have been negligently discharged if you experience one of the following soon after you leave the hospital:
- Your condition worsens.
- You suffer an injury or further illness as a result of the condition for which you were hospitalized.
- You are readmitted to the hospital for the same condition only a short time later.
Legal Issues of Hospital Discharge Malpractice
Lawsuits arising from premature discharge and medical malpractice can be complicated. Hospitals and physicians are typically represented by large and experienced law firms who know how to delay and deny claims. Families affected by malpractice must deal with incoming medical bills, lost wages, and other financial burdens while trying to navigate complex legal matters.
If you believe you are a victim of negligent discharge from the hospital, you should consider consulting an attorney to discuss your rights. A lawyer with experience in medical malpractice will be able to help you satisfy the burden of proof required of patients.
Legal Rights in Negligent Discharge from Hospital Cases
Negligent hospital discharge and medical malpractice victims are entitled to financial compensation under West Virginia law. A qualified attorney can help you identify all of the benefits for which you might be eligible. Losses experienced by patients often include the following:
- Hospital bills incurred by the patient
- Wages lost as a result of time away from work
- Compensation for pain and suffering
- Reparation for emotional distress
- Funeral costs
Recovering Damages for Premature Discharge and Medical Malpractice
Recovering damages related to negligent hospital discharge and medical malpractice can, unfortunately, be a long and difficult process. Lost wages and medical bills are most commonly recovered, but other expenses and compensation often require expensive and time-consuming litigation.
Fortunately, victims of hospital discharge malpractice can obtain experienced legal representation right here in West Virginia. A caring, committed, and experienced medical malpractice lawyer can relieve the burden of legal worries and help you and your family receive the compensation you deserve. If you believe you have been the victim of negligent discharge from hospital, please contact the Law Offices of Kelly R. Reed. You can reach Kelly and her team by completing the online contact form or by calling 304-292-2020 to schedule a free consultation. We proudly serve victims of medical malpractice across the state of West Virginia.