If a patient is homeless additional planning is needed to release the individual to a safe location, such as a homeless shelter. Is inappropriate discharge from hospital medical negligence? The CMS guidelines provide that the appeal for expedited review must be made before the beneficiary leaves the hospital. Hospital discharge is the process by which you prepare to leave the hospital . Discharging a patient from hospital requires a great number of checks and balances, from suitable home support through to education about changes to or the introduction of new medications. Expert Witnesses in a Medical Malpractice Case. Lost Earnings If you missed work due to your early discharge, you may recover the amount of income you lost during that time. In the longer term people usually attend the Out Patients Clinic. If you would rather speak to someone independent of the NHS, you can speak with an advisor at the Independent Health Advocacy Service. DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. If you are still in pain, or have limited ability to care for yourself (or receive care) at home, express these concerns. Learn more about Expert Witnesses in a Medical Malpractice Case. Occasionally, a doctors or hospital makes a decision to discharge a patient too early -- in other words, before the patient is medically stable enough to go home. If you return and receive treatment you would have received had you remained in the hospital -- and the delay in treatment does not result in harm you would not have otherwise experienced -- you have not been harmed for medical malpractice purposes. When Can Patients Sue a Hospital for Negligence? You will be introduced to these services prior to discharge. Please read our Privacy & Cookies Policy for more information. If you dont want to make a complaint directly to the hospital, there are clinical commissioning groups you can direct your complaint to. In the NHS, hospital services are managed by NHS Trusts, but the Chief Executive of the hospital is the person with overall responsibility for the hospitals services. You are discharged from hospital but cannot manage at home; You are not offered services you think you need; Discharge is delayed and you are kept in hospital unnecessarily; Discharge is poorly managed from the patient/carers perspective; You are discharged into an unsafe environment; You feel pressured into moving into a care home; Problem-Solving In situations where the patient needs to be readmitted to the same (or a different) care facility, the decision to discharge may amount to medical malpractice. If you have a question about your follow-up care, call to ask. We use plain and simple English to give you an overview of the most common areas of law. Please see ourTerms of Use. George Ide LLP provide a nationwide service in medical negligence claims, through offices in London, Chichester and Guildford. Keywords:Hospital discharge/Patient complaints/Patient safety/Relatives and carers Author Kathy Oxtoby is a freelance health writer. With the current crisis in the NHS meaning many hospitals are at breaking capacity, the pressure to discharge patients to free up beds has never been greater. However, the service failure we see also includes cases where people have been deemed medically ready to go home, but have not received the care they need after this, You can use the NHS complaints procedure, but if you feel you have suffered negligent discharge from hospital, you may want to consult a legal specialist. Staff must follow this guidance All hospitals should have a procedure in place to help with the transition from hospital to home, or to a care home. After a hospital discharge, youll need to carefully follow all of the instructions from your healthcare provider. Start here to find personal injury lawyers near you. 6 A report of investigations into unsafe discharge from hospital Discharging people when they are not clinically ready to leave hospital clearly compromises patient safety. Hospital staff should be able to estimate the expected date of discharge (EDD). PMID: 27522695 Abstract A recent report by the Parliamentary and Health Service Ombudsman revealed examples of poor hospital discharge to be considered in light of existing guidance. Hospitals often face overcrowding and are in a rush to get current patients out so they can get new patients in. We describe a structured approach to discharge planning, starting from admission and proceeding through discharge, using a standardized checklist of tasks to be performed for each hospitalization day.OBJECTIVETo create an evidencebased checklist of safe discharge practices for hospital patients.METHODSIn the province of Ontario, the Ministry of Health and LongTerm Care convened a panel of expert members from multiple disciplines and across several healthcare This has become a real challenge with regard to uninsured patients, says Janet L. Dolgin , PhD, JD, co-director of the Hofstra University Bioethics Center in Hempstead, NY. According to a National Audit Office Report in 2012-13, there were more than one million emergency re-admissions within 30 days of discharge. If you were discharged prematurely and you were harmed as a result, your claim might include an argument that the defendant (which could include a doctor or a facility): In almost every variety of medical malpractice case, you will need an expert witness to testify on your behalf if your case makes it to trial. Key factors to preventing an unsafe discharge from hospital by assessing the right time to discharge a baby from hospital could include: 2 successful feedings have been completed, at least The baby should have spontaneously passed at least one stool The baby should have undergone a hearing screening This can help prevent problems from getting worse. I was sent by my employer to see a woman for reasons totally unrelated to her hospitalization who had recently been discharged home. Unsafe discharge location A patients discharge location upon leaving the hospital is an important factor that is considered by case managers. Request your discharge rights from the hospital. Even harder to prove is the fact that discharge from hospital actually caused harm. Each patient should get a personalised discharge plan before leaving hospital. An unsafe discharge from the hospital is when the patient is cleared without a proper home care plan. Serious discharge difficulties include patients being discharged too early, and not being assessed or consulted properly beforehand; System-wide leadership and shared ownership across health and social care are needed to improve transfers of care from hospital; Discharge and transfer planning should be started before or on admission Not every mistake made by a medical practitioner is deemed serious enough to constitute medical negligence worthy of a lawsuit. failed to schedule a necessary follow-up visit, failed to conduct proper testing prior to discharge, and/or. 3 Dont discharge a patient you believe is going This article is merely a general comment on the relevant topic. Here is a basic guide to answer some of the commonly asked questions for anyone who feels they may have been discharged inappropriately from hospital and what they can do about it. In addition, adverse drug events occur in up to 20% of patients after discharge. You can also contact the NHS Patient advice and liaison services (PALS). In the hospital setting, doctors have a duty of care to provide hospital treatment for as long as is required. What services are available after discharge? All medical practitioners, from GPs through to hospital consultants, have a duty of care to their patients. 48 hours is the minimum amount of time a hospital should keep a newborn infant. There are a lot of grey areas as you can imagine. I have seen two cases in my career where those essential items were lacking. If your care in hospital has been arranged through your GP, you could also contact them. Pain and Suffering There is no hard and fast rule for determining what this amount will be, but it will be based in part on the severity and permanency of the harm you suffered as a result of your early discharge. The above literatures show that hospital discharge is a vulnerable or unsafe stage in the care pathway, often because of the challenges of co-ordinating different health and social care agencies. Claiming compensation for a failed TVT (Tension-Free Vaginal Tape) operation. Seeking legal advice is highly advisable, and a specialist solicitor will be able to advise you whether or not you have a good case. By closing this message and continuing to use the website you are agreeing to their use. Proving you were discharged too early can be incredibly hard to establish. Every hospital will have its own discharge policy, but generally you should not be discharged from hospital until: It can be difficult to know who is responsible for your care in hospital and who to go to if you have concerns. 1 Dont think discharge planning is someone elses responsibility, its yours as much as anyone elses. Just because you have been re-admitted to hospital, it doesnt necessarily mean you were caused any harm. All healthcare professionals are registered with a governing body, so complaints may be directed there. Medical negligence is any action or inaction that causes medical care to fall below an acceptable standard and causes harm to the patient. Preventing unsafe discharge from hospital Nurs Times. This website uses 'cookies' to anonymously enhance your browsing experience, but does not store any personal information. Your hospital stay should be no longer than medically necessary and you should be able to access ongoing care and support in the most appropriate place. Foreword; Introduction; Issue one: Patients being discharged before they are clinically ready to leave hospital; Issue two: Patients not being assessed or consulted properly before their discharge; Issue three: Relatives and carers not being told that their loved one has been discharged Discharge from the hospital is a point of care requiring clear communication and a coordinated effort from the entire team. Sometimes doctors at the hospital make a decision to discharge a patient because they feel the familiarity of home will be beneficial. The hospital may also be limited in the amount of surgical volume it can manage at a given time. It is because of the lack of coordination between the hospital and community health services, often leaving the patient without help after hospital discharge. If you are concerned that a health care professional or a care facility may be ordering your discharge prematurely, you can take the following steps to protect yourself: Early discharge of infants is the most common type of premature discharge in the United States. The action (or inaction) in question must fall below the accepted medical standard of care under the circumstances, and it must result in some kind of harm to the patient. As the hospital discharge process now progresses very quickly, we recommend seeking urgent legal advice as soon as you have concerns about unsafe or inappropriate discharge arrangements. It is important to note that simply because you were readmitted, that does not necessarily mean you were harmed by the premature discharge. Every healthcare professional looking after you in and outside of the hospital has a duty to provide a good quality of care. Negligence arises when a patient who has been discharged from hospital suffers a deterioration that would otherwise have been avoided by a lengthier stay in hospital. The contents of legal guides and articles within this website are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. If youre concerned about problems, make sure to call with questions. In the case of early discharge of a patient, the question becomes, Would a similarly-skilled health care professional have discharged me given my condition and other circumstances of my treatment? If the answer is no, you may have a viable medical malpractice case. In an ideal world, hospital discharge would take place when both you and your doctor think the time is right. Ask to speak with the health care professional treating you (also known as your attending physician) if you are concerned that your discharge may be premature. T he latest report by the parliamentary and health service ombudsman into unsafe discharges from hospital presents a depressingly familiar tale. Each hospital has its own discharge policy. You should contact a qualified elder law attorney in your area immediately to assist you with an appeal of this unsafe discharge. The hospital must have a safe plan of discharge, and it sounds as if a discharge home would not be safe. Based on individual needs, some may require more. If you establish that your early discharge amounts to medical malpractice, you may be able to recover the following as damages: Learn more about Medical Malpractice Damages. For people with complex chronic health conditions, a discharge from hospital can be a complicated process. However, medical negligence as a result of premature hospital discharge is a complicated area of law with many grey areas. The hospital may be concerned about the number of beds, or staff, available. Appeal of Hospital Discharge When a hospital (with physician concurrence) determines that inpatient care is no longer necessary, the Medicare beneficiary has the right to request an expedited QIO review. Read on to learn more. The reason is related to profit. About the only aspect of leaving a hospital that is consistent among all patients is that we all do it sooner or later. A recent report by the Parliamentary and Health Service Ombudsman revealed examples of poor hospital discharge to be In legal terms, the acceptable standard of care denotes the same level of care that would have been provided by a similar practitioner within the same circumstances. If you are thinking of making a complaint, it is a good idea to request a copy of your medical records. Abstract Oxtoby K (2016) Preventing unsafe discharge from hospital. A report of investigations into unsafe discharge from hospital. This has become an increasing problem in hospitals, especially the majority now corporately owned. You are here: HomeLegal GuidesClinical Negligence Is inappropriate discharge from hospital medical negligence? Since 1983, California Advocates for Nursing Home Reform has been fighting for the rights of long term care residents in California. Hospitals and physicians are typically represented by large and experienced law firms who know how to delay and deny claims. Poorly planned discharges with patients sent home from hospital alone, afraid and unable to cope and without care plans have been criticised for causing untold anguish by a health watchdog. In most ERs now, time metrics are practiced to speed time from arrival to door. Lost Ability to Earn an Income If you cannot engage in certain work activities because of the harm caused by your early discharge, you may be able to receive compensation for this measurable monetary loss. A new report published on Thursday by the National Audit Office (NAO) estimates that 2.7 million bed days are lost due to the delayed transfer of older patients no longer needing hospital care. This may sound like an unpreventable issue. It is best to raise your concerns as early as possible, so if you are being discharged and you arent happy with that decision, tell your consultant immediately. Determining negligence requires highly detailed medical notes covering medical history, symptoms and treatments. However, a number of studies have shown these types of shortages (beds or staff) are often due to poor planning on the hospital's part. Lawsuits arising from premature discharge and medical malpractice can be complicated. This factsheet is based on government guidance: Hospital discharge service: Policy and Operating Model. Published on 11th April 2017 (Last updated 21st March 2018). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Occasionally, a doctors or hospital makes a decision to discharge a patient too early -- in other words, before the patient is medically stable enough to go home. Learn more about Birth-Related Medical Malpractice. Legal Issues of Hospital Discharge Malpractice. This expert will typically need to be trained and experienced in the same field as the health care professional that discharged you, and will need to testify that the decision to discharge you fell below the medical standard of care under the circumstances. Speak up. Here is a basic guide to answer some of the commonly asked questions for anyone who feels they may have been discharged inappropriately from hospital and what they can do about it. Despite the new model, there are still many ways in which an unsafe hospital discharge Medical Bills This will be limited to those bills which would not have been incurred were it not for your early discharge. your discharge from hospital following NHS treatment in England. That affidavit may need to include some or all of the same testimony discussed in the above paragraph. Safe discharge laws preclude hospitals from discharging patients who dont have a safe plan for continued care after they leave a hospital. 2016 Jun 22-28;112(25):14-5. If I signed a Medical Consent Form, can I still claim for negligence? The guidance says patients should be discharged from hospital at the right time, to the right place and in the right way whether that is to their own home or a community or care home setting. You should be given information about the hospitals discharge arrangements as early as possible during your stay. However, unnecessary delays in being discharged from hospital are a problem that too many people experience. In situations where the patient needs to be readmitted to the same (or a different) care facility, the decision to discharge may amount to medical malpractice . You may feel annoyed, and inconvenienced, but you are not the victim of medical malpractice. Unsafe hospital discharges are pretty much a fact of life these days, but hearing anyone taking the blame for them is very, very rare indeed. You should be able to get a copy from the ward manager or the hospital's Patient Advice and Liaison Service (PALS).. Once you're admitted to hospital, your treatment plan, including details for discharge or transfer, will be developed and discussed with you. If specific advice is required in connection with any of the matters covered in this article, please speak toGeorge Ide LLP directly. In such cases, the patient may be able to seek a claim for compensation. An unsafe discharge is one where the patient is lacking essential information, material or resources to survive or escape harm. We are not responsible for any loss resulting from acts or omissions taken in respect of content presented herein. Once people no longer need hospital care, being at home or in a community setting (such as a care home) is the best place for them to continue recovery. Nursing Times; 112: 25, 14-15. Standard of care is a legal term that is used to describe the level of care that a similarly-skilled health care professional would provide to a patient under the same, or similar, circumstances. However, medical negligence as a result of premature hospital discharge is a complicated area of law with many grey areas. The attorney listings on this site are paid attorney advertising. Author Kathy Oxtoby. 2 Dont justify an unsafe discharge because they are considered a frequent flyer in the system. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Not every mistake made by a health care professional or facility will rise to the level of medical malpractice. In some states, the information on this website may be considered a lawyer referral service. If you have any comments or suggestions about this article, please email us at [email protected]. In some states, when you file a medical malpractice lawsuit, you will need to simultaneously file an affidavit, signed by an expert, stating that your case has merit. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Copyright 2021 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. We argued that unsafe discharge from hospital is a significant issue which has very serious consequences for the patients, carers and families concerned, as well as adding to the financial pressures affecting the NHS and social care. You are medically fit (as decided by a consultant or a consultants representative), Youve been assessed for the level of help you need to be safe at home, Youve been given a written care plan showing the help you will get when you get home, The support you have been offered is in place for when you get home. People usually use services such as Day Hospital, and Rehabilitation Services, straight after discharge from hospital. You are readmitted to the hospital for the same condition only a short time later. Do Not Sell My Personal Information. The expert will also need to provide detailed information on how exactly you were harmed as a result of the defendant's decision to send you home. Factsheet: Challenging Hospital Discharge Decisions.

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