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In 2012, the total number of medical malpractice payouts made throughout the United States was 12,142. This means that one claim was brought every 45 minutes.

In 2012, the total number of medical malpractice payouts made throughout the United States was 12,142. This means that one claim was brought every 45 minutes.

According to a study published in the Journal of the American Medical Association (JAMA), from 2005 to 2009, the average compensation for medical malpractice that took place in inpatient settings was approximately $363,000 while in outpatient settings, the average amount was about $290,000. A 2009 Congressional Budget Office Report stated that in 2009, the total direct medical malpractice liability costs to healthcare providers was $35 billion.

Medical malpractice does not occur only in situations where a patient is given the wrong treatment, medication, or inaccurate or delayed diagnosis. There are times when a doctor or hospital decides to discharge a patient too early, i.e. before the patient is medically stable enough to go home. If the early discharge results in the need for the patient to be readmitted to the same or a different care facility, it may amount to medical malpractice.

What are the Reasons Hospitals Discharge Patients too Early?

Overcrowding sometimes takes place in hospitals and there is a need to get current patients out quickly so new patients can be brought in. You may have seen this in the show ER when they started putting people in the hallway. Some of the people in that episode they put in the hallway were drunks in fact.

The availability of beds or staff is one of the concerns that hospitals have. Another concern is that there may be a limit to the amount of surgical volume that the hospital can manage at a given time.

Although this issue may sound unpreventable, there are a number of studies that show that shortages of beds or staff are often a result of poor planning on the hospital’s part.

If you were discharged prematurely and the early discharge resulted in harm, you might be able to argue in your claim that the doctor or facility, i.e. the defendant:

· Did not schedule a necessary follow-up visit

· Did not provide you with proper diagnose and treatment

· Did not conduct proper testing prior to discharging you, and/or

· Did not ensure medical stability

How to Prove Your Claim

In almost every type of medical malpractice case, an expert witness will be required to testify on your behalf if your case makes it to trial. The expert that you choose will typically need to be a trained and experienced medical professional in the same field as the healthcare professional that discharged you. The expert will need to testify that the decision to discharge you was not the acceptable medical standard of care under the circumstances. You will also need the expert to provide detailed information on how the defendant’s decision to send you home caused you harm.

When you file a medical malpractice lawsuit in some states, filing an affidavit simultaneously is a requirement. The affidavit should be signed by an expert, stating that your case has merit. In that affidavit, some or all of the same testimony discussed above may need to be included.

If a New York doctor discharged you or a loved one too early and it resulted in complications or harm, it is important that you seek the legal expertise of the golden and astute medical malpractice lawyers at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.

The first meeting is free. We have won millions of dollars for past clients. You too can be on this fabulous list. We are not paid until you are paid.