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Discharged too soon? How much compensation for premature hospital discharge?

Premature hospital discharge

Premature hospital discharge

By Meg Sodha. Last updated 21st March 2022. 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. A Guide To Premature Hospital Discharge Claims
  2. What Is Premature Discharge From Hospital?
  3. Reasons For Being Discharged Too Early
  4. Claiming For Dangerous Discharge From Hospital
  5. Proving You Were Discharged From Hospital Too Soon
  6. Preventing Being Discharged From Hospital Too Quickly
  7. Common Premature Discharge Cases
  8. What Could Your Premature Hospital Discharge Include?
  9. Premature Hospital Discharge Claims Calculator
  10. How To Make A Premature Hospital Discharge Claim
  11. No Win No Fee Premature Hospital Discharge Claims
  12. Why You Should Make Your Claim With Us?
  13. Speak To Legal Expert Today
  14. Resources And Useful Links

A Guide To Premature Hospital Discharge Claims

When we are unfortunate enough to 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 causes of early discharges, the service we provide, preventing being discharged from hospital too soon, and much more.

Can you refuse discharge from the hospital? How can you prove you were discharged too soon? We will explore answers to these questions so you can understand whether you’re eligible to sue for premature hospital discharge.

What Is Premature Discharge From Hospital?

A premature discharge from the hospital involves where you have been sent home from the hospital when you were not well enough.

However, in order to claim, you must be able to show that a medical professional provided care that fell below the expected standard. As a result, you sustained harm that could have been avoided or additional harm.

Reasons For Being Discharged Too Early

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, many studies 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 as a result of failing to meet the correct level of care:

  • Did not ensure medical stability
  • Failure to conduct the correct testing before the discharge
  • Did not properly treat or diagnose the issue
  • Failure to schedule a necessary follow-up appointment

Claiming For Dangerous Discharge From Hospital

Dangerous discharge and premature discharge are not the same things. However, the former can result in a dangerous discharge.

This is when a patient is not just signed out to leave the 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 happens to you, you could have the basis for a claim of compensation for premature hospital discharge.

Proving You Were Discharged From Hospital Too Soon

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 the hospital or not.

Hospitals need to have stringent procedures 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.

Further details

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? They might include failure to take the correct steps to provide an adequate standard of care, such as:

  • Failure to make certain that the patient was medically stable
  • Not carrying out correct medical tests
  • Failing to treat or diagnose the medical issue properly
  • Not making any follow-up appointments

Preventing Being Discharged From Hospital Too Quickly

You may wonder whether or not there is anything you can do if you fear being dismissed from the hospital too soon. In fact, there are several steps you can take, and these are as follows:

  • Request your discharge rights from the hospital.
  • Request to speak to the medical expert 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 feel you do not have the ability required to care for yourself at home.

Common Types Of Early Discharge Cases

There are various types of cases that may involve someone being discharged early. For instance, a baby that has just been born may need to stay in hospital for longer periods of time if there have been complications.

Of course, adults could be discharged from the hospital too soon, and there are numerous reasons why. This includes mistakes in reading the medical report, inaccuracies in medication and treatment, failing to carry out the right tests, and misdiagnosis. Call us for more information.

If you have experienced something similar as a result of a medical professional breaching the duty of care they owed you, you could claim compensation for premature hospital discharge.

What Could Your Premature Hospital Discharge Claim Include?

One thing that tends to confuse many people is that compensation is split into two parts. There are general damages and special damages. What is the difference between the two?

However, your claim may comprise general and special damages. General damages seek to compensate for the harm you sustained. The compensation you’re awarded under general damages may be calculated by using medical evidence to determine the severity of the harm you sustained due to the premature hospital discharge.

Could I Seek Additional Costs After Being Discharged From Hospital Too Early?

You could receive special damages as part of your claim if you have incurred additional costs as a result of the harm you sustained.

Special damages provide compensation for past and future financial losses. For example, if you were unable to work, you could claim back any loss of earnings provided you have evidence to prove these losses.

For more information, please get in touch. Our team could help you understand what other costs could be included in your claim.

Premature Hospital Discharge Claims Calculator

Many people often call our helpline because they want to know how much compensation they will receive for a wrongful discharge from the 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 setlist of claim amounts, nor can a personal injury claims calculator tell you the payout you will get. These tools only ever provide very rough estimates. Additionally, there are no average payouts for injuries relating to premature hospital discharge.

Instead, the value of your claim may vary depending on several factors unique to your claim. Medical evidence may be used to assess the severity of the harm you sustained.

Also, a publication outlining guideline compensation brackets from the Judicial College may also be used to help value your claim. The table uses figures from this publication but you should only use them as a guide. Your actual settlement will vary.

The type of injury you have sustained:Some extra notes:The average payout amount for the injury you have sustained:
Full Arm AmputationLoss of the arm at the shoulder.Not less than £120,270
Below Elbow AmputationLoss of the lower arm.£84,310 to £96,150
Minor Back InjuriesSprains, lacerations and bruising, which will heal rapidly and have no lasting affect.Up to £10,970
Minor Leg InjuriesSoft tissue damage, sprains and very minor fractures.Up to £10,380
Moderate Back InjuriesDamage to the muscles and ligaments of the back.£10,970 to £34,000
Severe Back InjuriesSuch 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 HandEither through amputation, or permanent loss of function.£84,310 to £96,150
Less Severe Head InjuriesThe impact on your sleep and daily activities are considered.£1,350 - £5,130
Minor Eye InjuriesThis relates to minor eye injuries, which tend to have temporary interference with vision and some initial pain. £3,460 - £7,650
Minor InjuriesInjuries from which there’s a full recovery within the space of three months.£1,200 to £2,150
Minor InjuriesInjuries from which there’s a full recovery within the space of 28 days.£600 to £1,200
Minor InjuriesInjuries 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 you have sustained in the table above, please do not hesitate to get in touch for more information regarding the level of compensation for premature hospital discharge you could receive.

How To Make A Premature Hospital Discharge Claim

Here are some of the steps you should take when making a premature hospital discharge claim:

  1. Seek medical evidence – Medical evidence can help show whether you were discharged from the hospital too early. It could also help show whether it was a negligent discharge from the hospital that resulted from a medical professional providing care that fell below the expected standard.
  2. Get contact details – It could help to get any witness contact details as well.
  3. Seek legal advice – You could speak to a solicitor who could help you when gathering evidence to build a strong claim for compensation.

Next steps

  1. 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.
  2. 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 travel costs, treatment expenses, childcare costs, loss of income and such. However, you will need to have proof.
  3. 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 compensation for premature hospital discharge within this timeframe. However, there are exceptions so please get in touch for more information.

No Win No Fee Premature Hospital Discharge Claims

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 with a solicitor. They envision endless costs – consultation fees, solicitors’ fees and such. 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. Moreover, financial risk is diminished dramatically by choosing a No Win No Fee solicitor as you won’t need to pay a success fee if your claim is unsuccessful.

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.

Why You Should Make Your Claim With Us?

There may be many legal firms in the UK. However, there are several reasons why you may wish to make your claim with one of our solicitors:

  • 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 high-quality service, and you will not need any money to begin your case.
  • Experience – Our solicitors have experience handling different types of claims, including medical negligence claims.

Speak To Legal Expert Today

Are you ready to make a claim? If so, we could help you. We could connect you with our solicitors to help you get the compensation you deserve.

When you speak to one of our personal injury lawyers, you can ensure that all calls are handled with 100 per cent confidentiality.

Furthermore, our legal advice is free of charge, and there’s no obligation to continue with our service.

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.

Resources and Useful Links

Hopefully, you have found the information you need about making a compensation claim for being discharged from the 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 the hospital.

Dental Negligence Claims – Visit this guide to find out about making a claim following dental negligence.

Care Home Negligence Injury Claims – See this guide to learn about claiming for care home negligence.

Doctor Negligence Claims – In this guide, we explore whether you could make a claim against your doctor for negligence.

How Much Compensation For Medical Negligence Resulting In Death? – This guide will explore how you could make a claim on behalf of someone who has experienced death as a result of medical negligence.

How To Make A Misdiagnosis Claim – Visit our guide about claiming compensation for harm sustained after a medical misdiagnosis.

Further Medical Negligence Guides

Compensation For Premature Hospital Discharge FAQs

Can you sue for a failure to receive a discharge?

In some cases, if you were kept in hospital for longer than necessary which prevented you from recovering fully from your condition, you may wish to seek compensation. For instance, you may have been less able to get up and move around while in hospital causing you to develop bedsores. If this was caused by a medical professional’s failure to provide the correct care, you may be able to seek compensation.

Do hospitals offer compensation?

Yes, hospitals do offer compensation settlements if a patient files a claim against them.

Are hospitals responsible for a patient’s wellbeing after discharge?

The medical staff have a responsibility when it comes to how the patient can recuperate after a discharge. For instance, they may need to arrange for them to have a follow up appointment to check there progress.

Can I fight a hospital discharge?

You could challenge the doctor’s decision to discharge you, which may play into your claim later on.

Can you self-discharge from the hospital?

You can do this, though it may be questionable for the benefit of your health to do this.

Can you sue a hospital for early discharge?

It may be possible to seek compensation if you experienced further or avoidable harm as a result of receiving the incorrect standard of care at a hospital. For instance, you may have displayed clear signs that you required further treatment in hospital but your doctor may have discharged you. As a result, your original condition may have worsened, causing you further harm that could have been avoided.

For more information on whether you can sue a hospital for early discharge, please get in touch on the number above. Our team can assess your case and determine whether you’re eligible to pursue a claim for compensation.

Why do hospitals discharge patients early? 

In some cases, hospitals may discharge patients early if they have made a good recovery and no longer require hospital care. The doctor may carry out an assessment to determine whether you’re ready to go home. If you meet the relevant criteria, you may be sent home.

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

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