Discharged too soon? How much compensation for premature hospital discharge?
Have you suffered an injury or illness because you have been discharged from hospital too soon? If so, there is a very high chance that you are going to be able to make a claim for some compensation if this has caused a 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 that you are only discharged when ready. If you have experienced an unsafe discharge from hospital, we can help you to get the compensation you deserve for losses you have sustained and pain you have suffered. Here at Legal Expert, we have many years of experience in the industry and we have helped thousands of personal injury victims to get the compensation they deserve. You can reach us on 0800 073 8804. But before you give us a call, read on to discover everything you need to know about premature hospital discharge claims.
Select A Section
- A Guide To Premature Hospital Discharge Claims
- What Is Premature Discharge From Hospital?
- Reasons For Being Discharged Too Early
- Claiming For Dangerous Discharge From Hospital
- Proving You Were Discharged From Hospital Too Soon
- Preventing Being Discharged From Hospital Too Quickly
- Common Premature Discharge Cases
- What Could Your Premature Hospital Discharge Include?
- Premature Hospital Discharge Claims Calculator
- How To Make A Premature Hospital Discharge Claim
- No Win No Fee Premature Hospital Discharge Claims
- Why You Should Make Your Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
When we are unfortunate enough to have a stay in hospital, we expect the medical staff to carry out the necessary checks and discharge us from hospital at the right time. If you have been discharged from hospital still in pain or discharged from hospital with no diagnosis, you will be entitled to compensation. Cases involving premature discharge from hospital can be very risky. This can lead to severe health problems. It is, therefore, only right that you get the compensation you deserve for what has happened to you. With that in mind, this guide will reveal everything you need to know about making such a claim. This includes details regarding how much premature hospital discharge compensation you may receive, as well as your hospital discharge rights. You will also find information regarding common cases of early discharges, the service we provide, preventing being discharged from hospital too soon, and much more. Can you refuse discharge from hospital? How can you prove you were discharged too soon?
In the United Kingdom, there is a growing hospital readmission rate. This fact alone has resulted in a lot of early hospital discharge problems. Figures show that there were over one million emergency readmissions in England alone in 2013, according to HSCIC / Health and Social Information Centre. This represents a 27 per cent increase from the year before. HSCIC also revealed that some of the most commonly seen illnesses and injuries that cause prompt readmission include hysterectomies, strokes, and hip fractures.
Hospitals in the UK have received a lot of attention in recent years because of the high level of overcrowding. This has meant that hospitals are often in a rush to get new patients in, and to do this; they need to get current patients out. The hospital may be concerned about the staff or beds available, or both. This may sound like it is an issue that cannot be prevented. However, there are lots of studies that have shown that poor planning on behalf of the hospital is usually to blame for such shortages.
Have you been harmed due to a premature discharge from hospital? If so, you will have a strong case if you can show that the defendant, i.e. the facility or doctor, did the following:
- Did not ensure medical stability
- Did not conduct the correct testing before the discharge
- Did not properly treat or diagnose the issue
- Did not schedule a necessary follow-up appointment
Dangerous discharge and premature discharge are not the same thing. However, the former can result in a dangerous discharge. This is when a patient is not just signed out to leave hospital earlier than they should be, but also when they are made to leave before the required steps are taken, for example, before specific medical tests have been carried out. There have, for example, been incidents whereby patients have been discharged in the middle of the night without the correct care being set up for once they arrive at home or without any provisions being put in place to make sure they get back home in a safe manner. If this has happened to you, you will have the basis for a claim.
If you are going to make a successful compensation claim for premature hospital discharge, the first thing you need to do is prove that additional suffering was caused because of the premature discharge and that it was indeed too soon. This is applicable no matter whether you were readmitted to hospital or not.
Hospitals need to have stringent procedures in place to make certain that a patient is actually ready to go home.
However, unsafe decisions and decisions that are not appropriate are often made because of the shrinking budgets and the high demand for beds. In such cases, they can often be deemed as clinical negligence.
Nevertheless, not all of these decisions are deemed negligent. It does depend on the circumstance of your case. For example, you need to consider whether or not another similar-skilled medical practitioner or hospital would have discharged you given your condition. You also need to factor in whether or not the medical staff’s actions fall under the accepted standard of medical care.
So, what sort of failings could be deemed negligence? Let’s take a look:
- Failure to make certain that the patient was medically stable
- Failing to carry out correct medical tests
- Failing to properly treat or diagnose the medical issue
- Failing to make any follow-up appointments
You may be wondering whether or not there is anything you can do if you fear you are being dismissed from hospital too soon. In fact, there are a number of steps you can take, and these are as follows:
- Request your discharge rights from the hospital.
- Request to speak to the medical expert that is treating you so that you can discuss your discharge and express your thoughts about it being too soon.
- Speak up – don’t stay silent if you are still in pain or if you feel you do not have the ability required to care for yourself at home.
The most commonly seen types of too early discharge cases are those that involve infants. Once a baby has been born, it should remain in hospital for a minimum of 48 hours. This is important due to the extensive list of issues that can happen early in a baby’s life as well as the severe consequences linked to these issues.
It is important to note that the 48-hour stay is a guideline as to the minimum for healthy infants. If an infant is experiencing complications, he or she must stay longer.
In terms of when the right time to discharge an infant is, some of the key signs to look out for include:
- Assessing the family, social, and environmental risk factors
- Hearing screening
- Passage of one stool at least (spontaneous)
- At least two successful feedings
- Stable and normal vital signs for a minimum of 12 hours
Of course, adults could be discharged from hospital too soon as well, and there are numerous reasons why. This includes mistakes made in reading the medical report, inaccuracies in terms of medication and treatment, failing to carry out the right tests, and misdiagnosis. Call us for more information.
One thing that tends to confuse a lot of people is the fact that compensation is split into two parts. There are general damages and special damages. What is the difference between the two?
Let’s begin by taking a look at general damages. This is the type of compensation you are probably already familiar with. It relates to the sum of money you will receive for the injury you have suffered. Therefore, it is calculated based on the severity of your injury due to the premature hospital discharge, how it has impacted your daily life and how much pain you have been in.
Next we have special damages. This has nothing to do with the injury itself. In fact, special damages are essentially out of pocket expenses. They compensate you for the money you have had to spend during the recovery period. Have you paid for treatment? Have you had to pay for a childminder to look after your children whilst you recover? Have you suffered a loss of income due to your inability to work? Special damages compensate you for all of this. However, you will have to have proof in order to claim, so keep your receipts and such like.
A lot of people often call our helpline because they want to know how much compensation they will receive for a wrongful discharge from hospital. It is important to stress here that every claim is handled on an individual basis. You will be awarded compensation that is right and fair for what has happened to you. There is no set list of claim amounts nor can a personal injury claims calculator tell you the payout you are going to get. These tools only ever provide very rough estimates. However, what we can do is give you an understanding regarding the average payouts for injuries relating to premature hospital discharge.
|The type of injury you have sustained:||Some extra notes:||The average payout amount for the injury you have sustained:|
|Full Arm Amputation||Loss of the arm at the shoulder.||Not less than £120,270|
|Below Elbow Amputation||Loss of the lower arm.||£84,310 to £96,150|
|Minor Back Injuries||Sprains, lacerations and bruising, which will heal rapidly and have no lasting affect.||Up to £10,970|
|Minor Leg Injuries||Soft tissue damage, sprains and very minor fractures.||Up to £10,380|
|Moderate Back Injuries||Damage to the muscles and ligaments of the back.||£10,970 to £34,000|
|Severe Back Injuries||Such as breaks to the back, which will have a permanent affect on the life of the victim.||£34,000 to £141,150|
|Loss of One Hand||Either through amputation, or permanent loss of function.||£84,310 to £96,150|
|Less Severe Head Injuries||The impact on your sleep and daily activities are considered.||£1,350 - £5,130|
|Minor Eye Injuries||This relates to minor eye injuries, which tend to have temporary interference with vision and some initial pain.||£3,460 - £7,650|
|Minor Injuries||Injuries from which there’s a full recovery within the space of three months.||£1,200 to £2,150|
|Minor Injuries||Injuries from which there’s a full recovery within the space of 28 days.||£600 to £1,200|
|Minor Injuries||Injuries from which there’s a full recovery within the space of seven days.||A few hundred pounds to £600|
If you cannot find the injury that you have sustained in the table above, please do not hesitate to get in touch for more information regarding the level of payout you could receive.
Here are some of the steps you should take when making a premature hospital discharge claim:
- See a doctor – The first thing you need to do is make sure you see a doctor! Of course, you have already seen one, but if he or she has discharged you too early and you feel it has made you more ill, you need to go back to hospital. Moreover, if you do not see a medical professional you will really struggle to make an accident claim.
- Get contact details – It would be helpful to get any witness details as well.
- Report the accident – You need to report the incident to the hospital so that there is an official record of it.
- Make notes – As soon as you get a chance you should sit down and make a note of everything that happened. This will ensure that you do not forget something later down the line that could be useful to your accident claim.
- Keep proof of expenses – When making personal injury claims, you will also be compensated for any out of pocket expenses you have suffered as a result of your injuries. These are known as special damages and include the likes of travel costs, treatment expenses, childcare costs, loss of income and such like. However, you will need to have proof!
- Hire a quality solicitor – Last but not least, you need a quality solicitor on your side if you want to have a good chance of getting compensation. This is where Legal Expert come in. we are one of the leading UK claim firms and all of our provided solicitors work on a No Win, No Fee basis. This means you do not need any money to start your claim and we will only take on your case if we believe you have a good chance of getting compensation. You can discover more about this below.
Please note that there is a personal injury claims time limit of three years, so please make sure you claim within this time frame.
You will be shocked to discover the sheer number of people that do not make a personal injury claim when they would have been entitled to compensation. One of the reasons why they do not claim is because people do not feel they have enough money to go through the legal process. They envision endless costs – consultation fees, solicitors’ fees and such like. And, what happens if they lose their case? All of that money will have effectively gone down the drain and this is a risk that understandably people cannot afford to take. However, it does not have to be like this!
If you go for a No Win, No Fee personal injury solicitor when making an accident claim, you will not actually need any money to begin your claim. This eliminates the hurdle of not having enough money to begin the legal process because now you do not actually need any. Moreover, financial risk is diminished dramatically by choosing a No Win, No Fee solicitor. The payment structure is entirely different and the solicitor is more impacted by the outcome of your case. The amount of money you pay is based on the outcome and this offers you some protection.
You will be pleased to know that all of Legal Expert’s provided solicitors work on a No Win, No Fee basis. Not only does this mean that you benefit when it comes to the monetary side of things, but you can also be sure of a much better service. Solicitors we provide will only take on your case if they think you have a strong chance of getting compensation. They won’t waste your time. After all, they have no reason to – it will not benefit them.
There may be many legal firms in the UK, but you will struggle to find better than Legal Expert, and here are the reasons why:
- We have helped successfully helped thousands and thousands of personal injury victims – During our years in the industry we have helped an unbelievable number of personal injury victims. We have dealt with a diverse array of claims as well. You can be confident when using our service.
- All of our provided solicitors provide a No Win, No Fee service – This presents many benefits to you when it comes to making your accident claim. You will benefit from a high quality service and you will not need any money to begin your case. Financial risk is minimised by a sizeable amount and you can be sure we will only take on your claim if we think you have a good chance of getting compensation.
- We have an impeccable reputation in the industry – We have a great reputation in the industry. If you are feeling unsure about using us to make an accident claim for premature discharge from hospital, all you need to do is read the tons of positive reviews we have received from past clients. We are sure this will reassure you that we are the best choice for you.
Are you ready to make a claim? If so, we are ready to help you get the compensation you deserve. Contact Legal Expert today on 0800 073 8804. We would be more than happy to assist you in any manner we can. You can find other ways to get in touch via our contact page too. When you speak to a personal injury lawyer from our provided panel, you can be sure that all calls are handled with 100 per cent confidentiality. Not only this, but our legal advice is completely free of charge and there is no obligation to continue with our service.
Hopefully, you have found the information you need about making a compensation claim for being discharged from hospital too soon. However, you may find the links below helpful too:
Hospital Negligence Claims– This is our guide on hospital negligence claims
Being Discharged – NHS– This link takes you to the NHS website where you will find information on being discharged from hospital.