By Jo Anderson. Last updated 29th January 2024. When someone goes into hospital for treatment, and medical professionals take over their care, it is vital that they are only discharged if it is safe to do so. If you have suffered unnecessary harm due to a wrongful discharge from hospital, you may be able to make a medical negligence claim.
Within this guide, we will discuss the eligibility criteria that must be met in order to make a medical negligence claim for a wrongful discharge. We will also explain the time limits must be adhered to when making such a claim, and the evidence that could be gathered to support your specific case.
Additionally, this guide will explain how compensation is calculated for successful medical negligence claims. We will also share some of the various benefits to making a claim with one of our No Win No Fee solicitors.
To learn more, read on, or contact an advisor for free advice relating to your own claim.
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Select A Section
- Compensation Payouts For An Unsafe Discharge From Hospital In The UK
- Can I Claim For An Unsafe Hospital Discharge?
- Unsafe Discharge From Hospital – How Long Do I Have To Claim?
- Evidence To Support A Claim For Harm Caused By Unsafe Hospital Discharge
- Can You Refuse To Be Discharged From Hospital In The UK?
- No Win No Fee Claims For A Premature Discharge From Hospital
- Essential References Relating To Wrongful Discharge From Hospital
Compensation Payouts For An Unsafe Discharge From Hospital In The UK
If you make a successful medical negligence claim following a wrongful discharge from a hospital, your compensation settlement could include general and special damages.
General damages compensate you for the unnecessary harm you have experienced due to the hospital breaching their duty of care.
Those calculating general damages payouts could refer to the Judicial College Guidelines (JCG) for help. This is a publication that provides guideline compensation brackets for various forms of harm. In the table below, we have used some of the guidelines listed within the most recent edition of the JCG.
However, we should note that the top entry of this table has not been taken from the JCG.
| Injury | Notes | Amount |
|---|---|---|
| Multiple Serious Injuries and Illnesses Plus Special Damages | A combination of serious injuries or illness that could result in significant pain and financial loss. | Up to £1,000,000+ |
| Female Reproductive System | An injury or disease that results in infertility with sexual dysfunction and scarring. Could potentially be due to failing to diagnose an ectopic pregnancy. | £114,900 to £170,280 |
| Bowels | A complete loss of the bowels natural function with the person potentially having to depend on a colostomy depending on their age. | Up to £150,110 |
| Bladder | The bladders control has been seriously impaired, with the person experiencing some pain and incontinence. | £63,980 to £79,930 |
| Kidney | The person suffers a significant risk of developing a future UTI or the complete loss of the kidney’s natural function. | Up to £63,980 |
| Spleen | A complete loss of the spleen with a continuing risk of internal infections due to the damaged immune system. | £20,800 to £26,290 |
| Hernia | A limitation on physical activities with continuing pain after the hernia has been repaired. | £14,900 to £24,170 |
| Male Reproductive System | Some psychological consequences following an orchidectomy but there will be no sexual dysfunction or impotence. | £20,070 to £22,580 |
Special damages compensate you for the additional costs and losses caused by the medical negligence you experienced. These may include, but are not limited to:
- Travel costs – If you have had to get to medical appointments and had to pay bus fares or parking charges, for example.
- Medical expenses – If you have had to pay for any type of medical care, such as prescription costs.
- Care costs – If you required additional care at home after your failed discharge from hospital.
- Loss of income – If you have needed additional time off work to recover.
To learn about the evidence you would need to submit to receive special damages or to get a personalised estimate of your compensation, please contact an advisor.
Can I Claim For An Unsafe Hospital Discharge?
If you believe you have suffered unnecessary harm due to an unsafe discharge from a hospital, you may be able to make a medical negligence claim. However, in order to have a valid case, you will need to meet the correct eligibility criteria. This is:
- A medical professional owed you a duty of care.
- They breached that duty of care.
- You suffered avoidable or unnecessary harm as a result of the breach.
All medical professionals owe their patients a minimum standard of care. This is their duty of care. If that care falls below this level, it could cause you to suffer harm. If you can prove that you suffered unnecessary harm due to an unsafe hospital discharge, you could be eligible to pursue a medical negligence claim. However, it is important to note that you would not be able to claim compensation for the condition you were originally in hospital for, only the additional harm that the unsafe discharge caused you to suffer.
To check whether you may have a valid medical negligence claim, you can contact our team of advisors. They are available 24/7 to help answer your questions and offer free advice.
Unsafe Discharge From Hospital – How Long Do I Have To Claim?
When making a claim for an unsafe discharge from a hospital, it is important to remember that you only have a certain amount of time to make your claim. Generally, you have 3 years to start your claim from the date that medical negligence harmed you. However, there are certain exceptions to this 3-year time limit, such as:
- You could have 3 years to start a claim from the date of knowledge. This is the date you first realised you suffered harm due to medical negligence.
- Minors will have 3 years to start their claim once they turn 18. Before this point, the time limit is suspended, and a court-appointed litigation friend could make a claim for their unsafe hospital discharge on their behalf.
- For those who lack the mental capacity to make a claim for themselves, the time limit is suspended, and a litigation friend could make a claim for them. If they were to regain this mental capacity, they would have 3 years to start a claim from this date.
Evidence To Support A Claim For Harm Caused By Unsafe Hospital Discharge
To be eligible to make a medical negligence claim after an unsafe discharge from hospital, you will need to prove that negligence occurred. If you do have a valid claim, collecting sufficient evidence could help support your case.
Some examples of evidence that could help support your medical negligence claim could include:
- Your medical records – these could provide proof of the harm you suffered after being discharged and the treatment you needed to receive.
- Correspondence with the hospital regarding the treatment you received and why you were discharged.
- The contact details of anyone who witnessed your unsafe discharge so that they can provide a statement at a later date.
- Evidence of any financial losses you suffered as a result of the negligence, such as bank statements.
To find out whether you could be eligible to make a medical negligence claim due to an unsafe hospital discharge, you can contact our advisors. If they think you have a strong case, they could connect you with one of our solicitors.
Can You Refuse To Be Discharged From Hospital In The UK?
You may be wondering whether you have the right to refuse a discharge from the hospital.
According to the NHS, each hospital has it’s own discharge policy. A discharge assessment should be carried out to determine whether you need more care after you leave hospital. You should also be fully involved in the assessment process and family or carers should be kept informed and given the opportunity to contribute provided you have given permission.
If you have evidence that you have experienced avoidable harm due to an unsafe hospital discharge, please get in touch with our team of advisors. They can help you understand whether you’re eligible to seek medical negligence compensation.
No Win No Fee Claims For A Premature Discharge From Hospital
If you are eligible to claim for a wrongful discharge from hospital that caused avoidable harm, one of our solicitors may be able to help you under a No Win No Fee arrangement.
Our solicitors may offer to take on your claim under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. This means that you typically would not have to pay them upfront for their work on your case. Furthermore, if your claim doesn’t succeed, you won’t be asked to pay for their services.
Under the terms of CFA, there would be an agreed success fee if your claim resulted in compensation. This is taken as a legally capped percentage of your compensation. The legal cap helps to make sure that the majority of what you receive stays with you. This gives anyone who has a valid claim the opportunity to get legal support regardless of their financial situation.
To learn more about claiming on a No Win No Fee basis, or to check your eligibility to claim, please contact an advisor.
- Call today on 0800 073 8801
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Essential References Relating To Wrongful Discharge From Hospital
Being Discharged – NHS– Here you will find information on being discharged from the NHS.
PALS – This is a patient liaison service – you can usually find discharge information for your specific hospital through them. You could contact PALS about a wrongful discharge.
NHS complaints – Here you can find information on making a complaint to the NHS about a wrongful discharge.
Misdiagnosis – Have you been discharged too early because of a misdiagnosis? This page may help.
General Guidance On Medical Negligence – Here you can find our guide on negligence in a medical setting.
Fatal Medical Negligence Claims – Here you can find some information on claiming on behalf of a loved one that has lost their life due to negligence, such as a wrongful discharge.
Thanks for reading our wrongful discharge from a hospital guide.