Premature Hospital Discharge
Compensation Claims

If a hospital negligence injury has set you back, we'll help you move forward

Premature hospital discharge refers to the early release from medical care, potentially leading to a worsening of a patient's condition that requires readmission and further treatment.

If you have suffered as a result of a hospital discharge which is considered unreasonably early, or exposed you to unreasonable risk, you may be entitled to seek compensation. You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

With over 13,000 clinical negligence claims a year, you're not alone

Being sent home too early from hospital can have significant health repercussions. In some cases, it may amount to a medical negligence claim.

13,511 new clinical negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

The growing hospital readmission rate in the UK is a indicator that many patients may be sent home from hospital prematurely.

In 2020/21 there were 783,781 emergency readmissions within 30 days of hospital discharge (sce. nuffieldtrust.org.uk). The most common injuries or illnesses that prompt readmission include hip fractures, strokes and hysterectomies.

Readmissions are largely attributed to failings in hospital discharge procedures and follow-up arrangements.

If you decide to make a medical negligence claim, your solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for premature hospital discharge?

Compensation for premature hospital discharge will vary depending on:

• how severe your injury is,
• how your injury impacts both your daily life and your ability to work,
• any financial losses or costs you have incurred due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, damage to clothing or training equipment, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your injury, including hospital readmission, corrective treatment and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Do I qualify for premature hospital discharge compensation?

You have the right to claim premature hospital discharge compensation if the care you received did not meet the appropriate standard of care, and you were injured by this negligent treatment.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long do I have to make a premature hospital discharge claim?

For a premature hospital discharge claim, you usually have 3 years to make a claim from the date you became aware that the harm you suffered was caused by substandard treatment (date of knowledge).

The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.

Dangerous discharge from hospital

Premature discharge can also include dangerous discharge. 'Dangerous discharge' describes when patients are not only signed out to leave early, but also are required to leave abruptly without appropriate steps being taken to ensure their safety.

There have been cases of patients being discharged in the middle of night and without any controls in place to ensure they can get home safely or have appropriate care set up when they do arrive home.

Proving you were discharged prematurely

For a patient who has suffered as a result of premature discharge, whether this means a hospital readmission or not, the first step in making a successful claim is proving that the discharge was indeed premature that additional suffering was caused as a direct result of the discharge.

Hospitals must have strict procedures in place to ensure that a patient is genuinely ready to leave.

Due to the high demand for beds and shrinking budgets, decisions that are inappropriate or unsafe are sometimes made. These decisions to discharge may amount to clinical negligence.

Not every one of these inappropriate decisions will be deemed negligent. The questions that will be asked to determine negligence may include:

• Did the hospital staff's actions fall under the accepted standard of medical care
• Would another similar-skilled medical practitioner or hospital have discharged the patient given their condition?

Failings that could be considered to amount to negligence include:

• Failure to make any follow-up appointments
• Failure to diagnose or properly treat
• Failure to conduct proper medical tests
• Failure to ensure the patient was medically stable

During the claims process, a medical expert will be able to provide detailed information on how you were harmed as a result of premature discharge.

Your solicitor will be able to answer any questions you have regarding this at the outset of your claim. To speak to a specialist solicitor about your potential claim, call us on 0800 376 1001.

Hospital discharge clinical negligence claims

Premature hospital discharge claims are usually made on the grounds of clinical negligence. Click the icon below to find out more about the process.

Medical negligence Other accidents

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.