Patient Abandonment or Premature Discharge: How Top Lawyers Define Your Rights for a Medical Malpractice Lawsuit

By
Patient Abandonment or Premature Discharge: How Top Lawyers Define Your Rights for a Medical Malpractice Lawsuit
Pexels/ RDNE Stock project

In health care, the trust between a doctor and a patient is devastatingly betrayed when the doctor suddenly abandons his patient without any valid reason or a hospital discharges a patient too soon. Known as patient abandonment and premature discharge, respectively, they both represent serious missteps in patient care and could be grounds for a medical malpractice case. Let's dig into these topics.

What Is Patient Abandonment?

When we talk about patient abandonment, we're referring to incidents where a doctor breaks off their professional relationship with a patient without good reason or proper notice. Imagine you're battling an awful illness, and your doctor suddenly abandons you, leaving you without a layer of protection. The emotional rollercoaster can aggravate your health conditions and, in some cases, aggravate your prognosis.

Triggers of Patient Abandonment

An instance of patient abandonment could arise from a patient's inability to pay a medical bill, resulting in withheld treatment. Or, a doctor failing to respond promptly to a patient needing care could be accused of abandonment. Even noncommunication by medical staff of urgent questions from the patient or a delay in scheduling necessary appointments could qualify.

However, not all broken doctor-patient relationships fall under patient abandonment. If a patient repeatedly cancels appointments, engages in threatening conduct, or fails to adhere to doctor's orders, these scenarios are typically exempt from legal claims of abandonment.

Elements to Prove Patient Abandonment

To validly claim patient abandonment, here are some elements you'd need to prove under state laws:

  1. Existence of a doctor-patient relationship.
  2. The doctor prematurely ended the relationship while the patient still required medical attention.
  3. No reasonable time or assistance was provided to the patient to find a new doctor.
  4. The abrupt end caused tangible harm to the patient.

Remember, to support any personal injury claim, you must demonstrate that you've suffered injuries or quantifiable losses due to the doctor's negligence.

Premature Discharge Blues

Sometimes, when a hospital is overcrowded or understaffed, they may hurriedly discharge a patient who still requires care. Much like patient abandonment, this premature discharge can also serve as the basis for a lawsuit concerning medical malpractice.

Proving Actual Harm

If you've been readmitted following a hasty discharge, it is crucial to demonstrate that the delay in treatment caused actual harm.

Should you find yourself discharged prematurely, you can file a lawsuit. You'd likely need a healthcare expert to testify that a competent professional wouldn't have deemed you ready for discharge under similar circumstances. Successfully establishing a hospital or doctor's liability could score you compensation for pain and suffering, follow-up medical costs, damages for lost income, or diminished earning capacity if the premature discharge resulted in complications.

Every Victim Deserves a Voice

No one anticipates getting tangled in health care's legal nightmares like patient abandonment or premature discharge. Yet, if you find yourself in such a situation, remember that you've got rights, and experienced legal professionals are ready to fight for them. Never underestimate the value of expert legal help - your voice in the medical world and your sword in the legal one.

Don't let a medical professional's error rob you of your health and peace of mind. Reach out to a skilled legal team today for a consultation.

Join the Discussion
More Law & Society
Robin Niceta

Colorado Social Worker Faked Terminal Brain Cancer To Skirt Punishment For Phony Child Abuse Charges

A dismembered woman was found in a northern Kentucky home

Blood-Stained Kentucky Woman Arrested After Mom's Dismembered Body Found Cooking on Stove: She Was 'Casting Spells'

Kentucky Sheriff Denies Courthouse Killing of Judge After Heated Argument

Lawyer For Kentucky Sheriff Accused of Gunning Down Judge in Court House Reveals Defense Strategy

Court Says Man Can't Be Charged with Drunk Driving

Court Says Man Can't Be Charged with Drunk Driving Because He Chugged Entire Bottle After Getting Pulled Over

Real Time Analytics