Home Health What is Premature Discharge or Patient Abandonment, and When Can You Sue?

What is Premature Discharge or Patient Abandonment, and When Can You Sue?

- Advertisement -

Medical malpractice is more than medical errors. Even though most medical malpractice cases involve medical mistakes made by nurses or doctors, they involve other things like patient abandonment or premature discharge. A doctor needs to notify them about the termination of their relationship so that the patient can find a new doctor. Nonetheless, if you suffered harm because of abandonment or being discharged from the hospital prematurely, you ought to speak to a South Carolina medical malpractice attorney to help you evaluate the case and seek justice. This article will explore premature discharge and patient abandonment and how both qualify for medical malpractice.

What is Premature Discharge from the Hospital?

Sometimes a hospital may prematurely discharge a patient when it is understaffed or overcrowded. However, there must be a procedure to do that, and the hospital must ensure the patient is in stable condition. The doctor must diagnose a patient and conduct tests to ensure they know the actual condition to prevent them from discharging too early.

If you have been discharged early and the doctor is aware, you can file a medical malpractice claim against them. However, you will need a medical expert’s testimony proving that anybody in that condition should not be discharged. With the help of an experienced attorney, you can recover damages you have incurred due to medical expenses afterward and loss of income and capacity to earn. However, there must be proof that the premature discharge caused more issues.

Patient Abandonment in the Hospital

Hospitals and doctors must treat patients with emergency issues irrespective of whether the patient can pay or not. Under the law, they must treat patients regardless of their immigration status. If the doctor or hospital fails to treat them in such conditions, it can qualify for medical malpractice under patient abandonment. Abandonment happens when a doctor withholds treatment because of the patient’s inability to pay. It may also occur when they fail to respond on time, failure of medical staff to communicate with the doctor, or when the doctor does not schedule proper appointments to address an issue that is developing fast. However, abandonment does not qualify if the patient refuses to follow instructions, misses appointments repeatedly, or engages in threatening behavior.

When filing a claim for patient abandonment, you must first prove that there was a doctor-patient relationship. You will also need to verify that the doctor abandoned you when you needed medical attention. You can also prove that the doctor did not give you enough time to find a replacement before terminating the relationship. In addition to proving abandonment, you will also require to show that you suffered injuries and other consequences due to a condition that worsened because of the abandonment.

Some situations may not count as patient abandonment and cannot qualify for medical malpractice. For instance, you cannot sue or call it abandonment if you require special care that the doctor could not provide or if the doctor or hospital does not have the resources necessary to treat you. The doctor can end the treatment if you repeatedly miss or cancel appointments or if an ethical issue arises.

End Note

Patient abandonment can take many forms. However, abandonment and premature discharge can qualify for medical malpractice if you prove negligence. Working with a talented medical malpractice lawyer in South Carolina is the best way to maneuver such a case.

- Advertisement -

Must Read