Last Updated 15th September 2025. Welcome to our guide on how to claim compensation for premature hospital discharge. Have you suffered an injury or illness because you have been discharged from the hospital too soon? If so, and it was a result of a medical professional failing to provide you with the correct level of care, there is a very high chance that you will be able to claim some compensation if this has caused your original condition to become worse. As a patient, you are owed a duty of care, and this means that the hospital staff need to make sure they take all reasonable steps to ensure you receive the correct care. Part of this means that you should only be discharged when ready.

If you have experienced an unsafe discharge from the hospital with a lack of health and social care, we could connect you with our solicitors who could help you get the compensation you deserve provided you have a valid claim. Here at Legal Expert, our solicitors all have experience in medical negligence claims, and they could help you take steps to get the compensation you deserve. For more information, you can reach us on the following details:

• Telephone: 0800 073 8804
• Online form: Fill out the online contact form with your query and an advisor will get back to you.
• Live chat: Speak with an advisor using the live chat function below.

But before you give us a call, read on to discover everything you need to know about premature hospital discharge claims.

Select A Section

1. What Is The Eligibility Criteria To Claim Against A Hospital For Premature Discharge?
2. Reasons For Being Discharged Too Early
3. Proving You Were Discharged From Hospital Too Soon
4. Compensation Amounts For Premature Hospital Discharges
5. What Could Compensation Help Me With?
6. I Was Harmed By Being Discharged From Hospital Too Soon – How Long Do I Have To Claim?
7. Unsafe Hospital Discharge – No Win No Fee Legal Assistance

What Is The Eligibility Criteria To Claim Against A Hospital For Premature Discharge?

There are specific eligibility criteria that you must satisfy if you would like to claim compensation due to an unsafe discharge from hospital. Once a hospital agrees to provide you with treatment, they automatically owe you a duty of care. This means that the hospital and medical professionals responsible for your treatment must provide you with the correct standard of care. If they fail to do so, you could suffer unnecessary harm.

In order to make a medical negligence claim, you must have evidence that proves:

• You were owed a duty of care.
• The hospital or medical professionals working there breached this duty.
• You suffered harm that could have been avoided as a result.

One of the advisors from our team can discuss the circumstances behind your premature hospital discharge and help evaluate whether you might be eligible to seek compensation.

Reasons For Being Discharged Too Early

So, how could negligence lead to a premature hospital discharge? There are a few ways that this could happen, including:

• Misread test results: For example, if you get a blood test to determine whether it’s safe to send you home, your doctor should read this carefully. If they misread your results and sent you home while it was unsafe to do so, this could cause your condition to worsen.

• Failure to refer: While in hospital, your doctor should refer you for whatever tests you need to accurately diagnose your condition. If they fail to do so and discharge you when you should’ve been referred for something like an MRI, this could cause considerable harm.

• Misdiagnosis: Premature hospital discharge can occur if your doctor has not accurately diagnosed your condition. If you’ve been misdiagnosed despite showing clear symptoms of a certain disorder, an early discharge can cause your condition to get worse.

These are only a few ways in which the negligent actions of a medical professional could cause a premature hospital discharge. If you’d like to find out whether or not you could make a medical negligence claim, contact our team today.

Proving You Were Discharged From Hospital Too Soon

Your medical negligence claim will need to be supported with sufficient evidence. It could help prove that the hospital breached their duty of care and caused you unnecessary harm as a result.

Here are a few examples of evidence that could be useful when proving you suffered unnecessarily due to an unsafe discharge from the hospital:

• Contact information from any witnesses. For example, if a friend or family member were with you during the premature hospital discharge.
• A copy of your medical records. These can help illustrate how your condition was impacted by being released from the hospital too soon.
• Test results. These could include X-rays, scans and blood tests. They could show the extent of your initial condition or the harm you suffered when you were discharged too early.

Additionally, your case may be subject to the Bolam test. This is when a panel of experts trained in the relevant field will assess the actions of the professional who discharged you and judge whether or not that was negligence.

If you have any questions about what evidence could be submitted for your case, get in touch with an advisor from our team.

Compensation Amounts For Premature Hospital Discharges

Those eligible to make a medical negligence claim for the harm they have suffered due to an unsafe discharge from a hospital could receive general and special damages in their settlement.

General damages compensate you for the harm you have experienced due to an unsafe hospital discharge. When legal professionals are valuing this head of claim, they may refer to the Judicial College Guidelines (JCG) for help. This document provides compensation guidelines for various types of harm. We have included some of the figures listed in the JCG in the table below. However, please note the top entry is not taken from the JCG.

This table should be used as a guide only.

What Could Compensation Help Me With?

As well as your general damages, you could be eligible for special damages in your premature hospital discharge compensation. This head of loss aims to put you in the same financial position as you were, but for the negligence; it can consider any economic losses incurred as a result of your harm. 

Under this head of claim, you could be compensated for things such as:

• Lost earnings – whether this be current or future lost earnings, work benefits or even pension contributions that were missed due to the harm you suffered.
• Medical expenses – if you require reconstructive surgeries after suffering harm or if you now need prescription medication, these costs can be factored into special damages.
• Costs of care – if you are unable to provide care to yourself or your children, the costs of care can also be valued and considered in this head of loss. 
• Adaptations to your home or vehicle – suffering harm after a premature hospital discharge can have left you with permanent mobility issues. You might now need stairlifts, walking frames or stairlifts to assist with your mobility. These expenses can also be valued as part of special damages.

In order to claim these financial losses, you must hold evidence which proves how your harm led to you suffering economic losses. Our solicitors can help you compile things like payslips and bank statements to demonstrate these losses. 

Get in touch with us today to learn more about how premature hospital discharge compensation could help you.

I Was Harmed By Being Discharged From Hospital Too Soon – How Long Do I Have To Claim?

If you suffered harm because you were discharged from the hospital too soon, you will generally have three years to start a claim. This can either be:

• Three years from the date of your early discharge,
• Three years from the date you were first made aware of the medical harm caused

However, there are exceptions in place to the time limit in some instances.

People who lack the mental capacity to make a claim can have their time limit suspended or can be represented by a litigation friend. For example, if someone elderly was discharged from the hospital too soon, and they suffered from Alzheimer’s, they may not be able to represent themselves in civil proceedings. If a claimant regains the capacity to represent themselves, then their time limit will begin on the date this occurs.

If the claimant was under the age of 18 at the time of the negligent discharge, then their 3-year time limit would begin on the date of their 18^th birthday. Alternatively, a litigation friend can be used before this time.

Please reach out to one of our team for any help you may need with your claim.

Unsafe Hospital Discharge – No Win No Fee Legal Assistance

If you have suffered avoidable harm due to a premature hospital discharge, you may be eligible to start a medical negligence claim to be compensated for your suffering. 

Starting a claim may appear to be stressful and overwhelming, particularly if you are not familiar with the law. However, our solicitors at Legal Expert have many years of experience helping people like you claim hospital discharge compensation. Our solicitors can use their specialist skills to help you claim by:

• Walking you through each stage of the claims process
• Explaining key legal terminology and documents 
• Helping you obtain evidence
• Explaining how compensation is calculated
• Setting you up with specialist appointments 
• Negotiating settlements on your behalf 

Further, our solicitors at Legal Expert understand that you may be worried about paying for legal representation. Therefore, they offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This means that you would have no upfront costs for a solicitor to begin working on your case.

If your claim is successful after signing a CFA, a limited percentage would be deducted as a success fee. However, if your claim is unsuccessful, you do not have to pay this. Therefore, signing a CFA with our solicitors may be the best financial option for you. 

If you are worried about paying legal costs, please have a chat with our team of advisors today. They can reassure you of the financial aspects of premature discharge claims and help you start your claim to help you find closure from your suffering.

Contact Legal Expert today by:

• Visiting our contact page
• Calling them on 0800 073 8804
• Messaging them on our live chat

Thank you for reading our guide on claiming compensation for premature hospital discharge.