Fort Lauderdale Premature Discharge Lawyer
When medical facilities discharge patients prematurely, it can have severe, life-altering, and potentially fatal consequences. Healthcare providers must also ensure that patients understand and can follow their ongoing care plan when they leave.
If you or a loved one suffered due to an unsafe or premature discharge, a Fort Lauderdale medical malpractice lawyer with Freidin Brown, P.A. can help. We will hold negligent hospitals, emergency rooms, and other liable parties financially accountable. Let us put 100 years of combined legal experience to work for you. Call our firm now to learn more with a free and confidential case evaluation.
We Can Represent Your Case for a Premature Hospital Discharge Injury
United States law requires most hospital emergency rooms to treat and stabilize all patients before discharging them. According to the Centers for Medicare & Medicaid Services (CMS), the Emergency Medical Treatment and Labor Act (EMTALA) states that hospitals and ERs must:
- Provide an appropriate medical screening exam for emergency conditions, whether or not you have insurance
- Treat you until your condition stabilizes
- Transfer you to a hospital that can treat your condition if its facilities and staff cannot do so
Nevertheless, pressure from insurance companies, limited bed space, healthcare provider negligence, and other factors can combine to lead to premature or unsafe discharge from hospitals and emergency facilities. When this happens, sick and injured parties can struggle to cope with difficult medical issues at home or end up readmitted to a hospital with an undiagnosed or worsening condition.
We Are Trial-Tested Medical Malpractice Attorneys
For more than 45 years, our personal injury lawyers have fought for medical malpractice and personal injury victims across Florida. Founding partner Philip Freidin is certified by the Florida Bar in civil trials, and he and our legal team have taken over 200 cases to jury trial and over 100 cases to non-jury trials.
Our case record boasts more than 20 judgments exceeding $1 million. Our case results for premature discharge include a $4.625 million jury verdict for a child who was tragically blinded by retinopathy of prematurity (ROP). The injury occurred after a NICU sent the child home without properly educating the parents on ROP or ensuring the child had a follow-up ophthalmology appointment in place.
Other significant medical malpractice settlements and verdicts include:
- $15.5 million: We secured this jury judgment for a victim who was paralyzed from the waist down. A hospital and its doctors negligently read our client’s MRI scan and did not offer treatment to stop swelling in the spinal cord.
- $5.5 million: We achieved this settlement for a pregnant woman who did not receive proper treatment after presenting in the emergency room with a high fever and swollen face.
- $2.2 million: Our lawyers won this judgment for the family of a wrongful death victim. The victim died due to a hospital’s failure to diagnose and treat them for their condition.
Our Small Firm Has Big Resources
Our firm is selective about who we hire and who we work with. We offer personalized representation from experienced and compassionate attorneys. Unlike big billboard firms, we never automate claims. We know you, and we know your case.
At least two lawyers will oversee strategy and planning sessions for your legal issue. In addition, we hire and consult with top doctors, nurses, and healthcare providers from around the country. We also employ the latest courtroom technology to help build a strong and compelling case.
To learn more about how we can help you pursue financial recovery, contact us online or call today to connect with a Fort Lauderdale premature discharge lawyer. We offer free case evaluations.
We Can Help You Seek Compensation for a Premature Hospital Discharge
If you or someone you love suffered harm due to an early discharge from a hospital, our premature discharge lawyers serving Fort Lauderdale, FL, can help you seek justice. We will pursue the maximum compensation possible for your injury.
In general, medical malpractice damages may include:
- Current and future medical bills
- Lost wages, earnings, and employment benefits
- Reduced earning capacity
- Household services
- Physical pain and suffering
- Mental and emotional pain and suffering
- Reduced quality of life
- Wrongful death of a loved one
Signs of Premature Patient Discharge from Hospitals in Fort Lauderdale
How do you know if an emergency room, hospital, surgical center, or other healthcare facility discharged you or your loved one too early? Here are some potential signs of premature discharge:
- Your condition was not stable at the time of discharge. If a provider did not stabilize you before dismissing you from the hospital, your condition can worsen and leave you with long-term or permanent harm.
- You did not receive a diagnosis before discharge. Providers may dismiss you before ever diagnosing you with a condition or giving you the diagnosis. This could make you think you don’t have a problem, or that the problem was ruled out.
- You did not receive follow-up care instructions or a treatment plan. Your provider should inform you about aftercare needs, follow-up treatment, and medication administration. You should receive instructions regarding your treatment plan, instructions for monitoring symptoms, and any necessary future medical appointments or referrals. If your injury or illness incapacitates you, your doctor should ensure you have the required assistance at home.
- Your diagnostic testing was not complete. Routine testing can find many conditions, and a failure to do appropriate tests can make your condition worse or even fatal.
- You were readmitted to a hospital or emergency room within 30 days of your original discharge. While this is not always a sign of malpractice, it can indicate that something went wrong on your first visit and that the issue was not adequately addressed.
Proving That Premature Discharge Was Medical Malpractice in Fort Lauderdale Claims
Premature discharge is a medical error. When that error causes further harm, victims can seek compensation from negligent parties for medical malpractice.
Our Fort Lauderdale premature discharge attorneys will help you build a solid case proving the following:
- Duty of care. The first step in establishing medical negligence is proving that the liable party owed you a duty of care. In other words, they had a professional responsibility to treat you.
- Breach of duty. Our attorneys will show that the liable party or parties breached their duty by discharging you before diagnosing you, offering treatment, ensuring you were stable, or providing aftercare instructions.
- Causation. Our lawyers will prove that premature discharge was the cause of your injury or illness, whether you have a new condition or an existing one that worsened. We will support your claim with evidence that we will gather and review, including medical records, eyewitness testimony, and professional medical opinions.
- Damages. We will demonstrate that your injury caused you economic and noneconomic losses.
Do not trust your medical malpractice case to just anyone. Freidin Brown, P.A. has the experience and proven track you need to build a solid case and avoid common mistakes. Florida medical malpractice law can be complex, but we know the ins and outs and are here to guide you.
Our team is knowledgeable, tenacious, and more than qualified to negotiate with medical facilities and insurance companies on your behalf, seeking the maximum compensation possible. If we cannot secure the money you deserve through an insurance settlement, we will not hesitate to represent you in civil court.
Florida’s Malpractice Lawsuit Deadlines Apply to Premature Hospital Discharge
Florida Statutes § 95.11 generally allows two years from the date you knew or should have known of the malpractice to file a medical malpractice lawsuit. However, the facts of a case can alter this deadline, and certain exceptions might apply. Our lawyers can tell you how the statute of limitations applies to your claim and help you act before time runs out.
In addition to the statute of limitations, Florida has provisions that require you to notify prospective defendants of your intent to sue. This must be done before the statute of limitations expires. When you sign up with our firm, we take ownership of all the deadlines and make sure you’re in compliance with all applicable laws.
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Frequently Asked Questions About Premature Patient Discharge
Why Do Hospitals Discharge Patients Prematurely?
There are many reasons a hospital or medical facility may discharge a patient prematurely, including:
- The facility did not believe you (or your insurance company) would pay for treatment
- The facility was overcrowded or understaffed
- A laboratory or radiology error occurred
- Healthcare providers failed to conduct labs and testing or diagnose your medical condition
- Healthcare providers failed to recognize your need for ongoing medical support
- Healthcare providers misdiagnosed your condition (e.g., diagnosing vertigo when you’re really suffering a stroke)
What Should I Do If I Think I’m Being Discharged Too Early?
If you think a facility is trying to discharge you prematurely, you should speak up.
Tell your doctors or nurses you do not feel ready, and if they do not listen, go up the chain of command. You have the right to talk to a nurse manager or attending physician. You can also enlist the help of the hospital’s patient advocate or even a trusted family member who can help speak on your behalf.
If you have Medicare, you can call 800-633-4227 (800-MEDICARE) and ask them to delay your discharge.
What Should I Do If I Have a Premature Discharge Injury?
If you have an injury or illness caused by premature discharge, you should:
- Seek medical treatment immediately from a medical facility not connected to your early discharge
- Keep copies of your medical records and medical bills
- File medical malpractice insurance claims promptly
- Do not accept an initial insurance settlement offer or give a recorded statement to the insurance company
- Consider contacting our medical malpractice lawyers serving Fort Lauderdale, FL
Contact Our Malpractice Firm Today for Help With a Premature Discharge Claim
Freidin Brown, P.A. helps clients protect their rights and their future. If you or your loved one was the victim of medical malpractice, our Fort Lauderdale premature discharge lawyers can fight for you.
Contact us online or call 24/7 for a free and confidential case review. We can represent you on contingency, meaning you pay no upfront fees or costs, and you only pay us when we win.