Doctors are charged with conducting themselves in a manner that is both professional and competent. With the charge is the responsibility to know when to clear someone to be released from a medical facility. Prematurely releasing an individual before they are medically stable enough to be released can amount to medical malpractice.

Not every release of a patient from the hospital or other medical care facility will equate to medical malpractice. There must be certain elements present for the conduct to rise to the level of malpractice. Hiring an experienced medical malpractice lawyer can make your case much stronger.

Proving Medical Malpractice

To have a successful medical malpractice claim, a plaintiff’s case will have to have at least the following elements present:

  1. The existence of a doctor-patient relationship between the injured patient and the doctor or medical care professional whose medical negligence led to the injury.
  2. The doctor engaged in negligent behavior or provided sub-par medical care that fell below the reasonable standard of care given in the circumstances.
  3. The doctor’s negligence led to the injures alleged by the plaintiff.

One of the most difficult pieces of information to ascertain is what constitutes releasing a patient “too early.” This particular difficulty makes medical malpractice cases complex. When a medical care provider decides to release a patient, release is typically not fulfilled until the doctor has engaged in some specific conduct such as:

  • Performing specific tests to ensure that the patient is healthy.
  • Monitoring the patient’s vital signs to ensure that they are stable enough to be released.
  • Diagnosing or treating any type of condition that may be present.
  • Scheduling follow-up appointments to make sure that the patient remains stable.

The failure of a medical care professional to conduct any of the aforementioned actions prior to releasing a patient could create an argument for medical malpractice. It is important to note that not every discharge of a patient is rooted in negligence. There are many legitimate reasons to release a patient from the hospital even if the release appears to be “premature.” It is important to consult with an experienced attorney to discuss the circumstances surrounding your release to ensure that you are not about to engage in a frivolous or baseless lawsuit.

If you or a loved one has been released from a hospital and is still injured or you have general questions about medical negligence laws, contact Campbell & Associates today for a free consultation with a medical malpractice lawyer.

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