If you or a family member were recently discharged from a Cleveland hospital too soon, this premature discharge may have resulted in injury or death. Hospitals must adequately assess and care for their patients and cannot release them if it is unsafe to do so. Our Cleveland premature hospital discharge lawyers are the ideal resource to consult if you believe such mistreatment caused harm or death to you or a loved one.
When medical professionals prematurely discharge their patients without providing adequate care, the patients’ lives may be at risk. These preventable injuries and deaths can be caused by various circumstances, such as unstable vitals or post-surgery complications. People who have suffered these injuries may be able to hold the negligent medical professional and facility accountable for their malpractice.
Medical malpractice claims are some of the most complex personal injury cases anyone can face. There are specific rules for filing this type of claim. Our Cleveland premature hospital discharge lawyers will be a crucial asset to prove liability and hold the appropriate parties accountable for the harm you or your loved one has suffered.
In addition to meeting the strict procedural requirements for filing a medical malpractice case, we, as your legal team, will also need to demonstrate the extent and severity of all damages you suffered. Our attorneys will uncover all forms of compensation you are eligible to claim so you can maximize your compensation.
At Kampinski & Roberts, LPA, our knowledgeable attorneys provide the victims of medical malpractice with the highest standard of legal guidance. We are proven litigators who aggressively pursue the maximum compensation for injured people. You can schedule your free consultation at our Cleveland metro area office and learn more about how we can help by calling 440.597.4430.
Determining if a person’s injuries or death was caused by premature discharge or inadequate follow-up care can be challenging. Thoroughly investigating the circumstances that led to the discharge is a time-consuming and difficult process. To even file a medical malpractice claim, a plaintiff must present an Affidavit of Merit from an expert witness. In the affidavit, the expert witness declares, under oath, that they believe that the provider violated the medical standards of care when treating the plaintiff. The expert witness must also conclude that the violation of standards was then responsible for a person’s injuries or death.
A hospital may encourage staff to discharge patients as quickly as possible to account for overcrowding, staff shortages, or other variables, but they cannot place patients at risk. Unfortunately, the inherent pressure of the hospital environment sometimes results in serious errors. Inadequate follow-up care and premature discharge are far more dangerous than many people realize.
Our Cleveland premature hospital discharge lawyers will consult an expert witness on your behalf who will review your medical records, determine whether the hospital staff who handled your discharge did so appropriately and whether your treating physician met the standard of care. They can also evaluate the follow-up care assessment from the physician to determine whether they met the standard of care.
Our firm performs comprehensive reviews of all case facts to create personalized strategies for clients. Additionally, we have strong professional relationships with many expert witnesses who can evaluate a person’s injuries. Our team has obtained hundreds of millions of dollars in compensation for our injured clients.
When a patient like you enter medical treatment for an illness or injury, the medical personnel treating them have a professional duty to adhere to the standard of care. After performing the necessary treatment, they must then ensure that the treatment not only accomplished its intended purpose but also did not introduce new problems for the patient.
Virtually every medical procedure will entail some form of follow-up care. In many cases, a patient is simply instructed to follow the treating physician’s instructions and report any unexpected changes in symptoms, complications, or other concerns. Follow-up care is more detailed in other cases, and patients may need to follow strict prescriptions, dietary and movement restrictions, and other instructions from their physician.
Some medical malpractice claims pertain to doctors’ failures to respond to patient concerns. For example, if you attempt to call your doctor to report an issue during recovery, but your doctor fails to return your call in a timely manner, your condition could worsen to a critical stage. It is also possible for a doctor to make an egregious mistake with follow-up care, such as prescribing the wrong medication or recommending the wrong therapies or treatment.
It’s possible for you to be prematurely discharged or for your physician to fail to provide clear instructions following treatment. It is also possible that premature discharge could result in a missed opportunity to identify a problem with your treatment or the emergence of new symptoms that should have been addressed before you were allowed to go home. In extreme cases, premature discharge and poor follow-up care can cause catastrophic harm and death.
In a standard personal injury case, you, as the plaintiff, have the right to seek compensation for the damages you suffered in an effort to be made as “whole” as possible again after suffering harm from the defendant’s actions. This same fundamental principle applies in a medical malpractice suit, but state law sets strict limits for certain types of compensation.
You can claim compensation for any economic losses you suffered because of your premature discharge or negligent follow-up care. These are likely to include increased medical expenses if you were forced to return for further medical treatment that could have been prevented if not for the defendant’s negligence, lost income from the lost ability to work, as well as the cost of help to care for yourself if the negligence resulted in the inability to do so.
It is also possible for an injured plaintiff in a medical malpractice suit to seek compensation for the pain and emotional suffering they experienced. State law limits pain and suffering compensation in medical malpractice claims to $250,000 or three times the total of the plaintiff’s economic damages, whichever is greater. This compensation is meant to reflect the physical pain and psychological trauma the victim experienced because of the defendant’s actions.
However, this cap could increase to $500,000 per plaintiff or $1 million per case if the defendant caused the loss of a limb, loss of a bodily organ system, or any permanent physical impairment that prevents the victim from performing life-sustaining activities on their own. Our Cleveland premature hospital discharge lawyers can determine whether your injury meets these criteria and which non-economic damages cap applies to your case.
If the medical negligence resulted in death, there is no limit to the amount of damages that can be recovered.
Every form of civil claim for damages is subject to a statute of limitations for filing the case. The injured person must meet this statute of limitations, or they will lose their chance to claim compensation for their losses, regardless of the merits of their claim. The statute of limitations for a medical malpractice case in Ohio is one year from the date the injured person knew of or reasonably should have discovered the negligence. If the malpractice resulted in wrongful death, the statute of limitations is two years.
Due to the fact that gathering the evidence necessary for a premature discharge or inadequate follow-up care claim can be complex, it is important to connect with a trustworthy attorney to build the foundation of your claim as quickly as possible. When you choose Kampinski & Roberts, LPA, to represent you, we immediately get to work gathering the evidence needed and ensure your claim meets the applicable statute of limitations.
Our experienced Cleveland premature hospital discharge lawyers will build a comprehensive medical malpractice suit on your behalf, citing the negligent mistakes made with your treatment and their effects so we can hold the defendant accountable for the harm they have done. Kampinski & Roberts, LPA, will also ensure your case meets all of the procedural requirements.
It’s possible to resolve a medical malpractice suit through private settlement, but only if the defendant is willing to negotiate with the plaintiff. Other cases must be resolved through litigation, a process that ensures all parties involved in the case have the opportunity to present evidence and arguments, and the jury will determine the outcome of the case.
No matter how you envision resolving your medical malpractice case in Cleveland, it is imperative to have experienced legal counsel on your side to ensure the greatest chance of success with the claim. Your attorneys at Kampinski and Roberts will build an individualized case aimed at ensuring accountability for the defendant and securing maximum compensation for the losses they inflicted.
The team at Kampinski & Roberts, LPA, has been successfully representing Cleveland-area clients in a wide range of complex medical malpractice suits for over fifty years.
Our firm has the experience necessary to negate defendant’s claims that they followed the standard of care when the evidence shows otherwise. If a defendant asserts that they followed hospital procedure in discharging a patient too soon, we will determine how to dismantle their assertion and prove that the decision was negligent and damaging. We will also prove that our client did not receive the level of follow-up care their condition required.
When you choose our firm to represent you, you have dedicated legal advocates fighting on your behalf through every stage of your case. You can rely on your Cleveland premature hospital discharge lawyer to build an effective strategy, coordinating with medical experts who will testify in support of your claim and increase your chances of success in holding the defendant accountable for their damaging actions.
Time is a crucial concern in any medical malpractice case. It is important to act quickly to secure the legal counsel you need on your side for your premature discharge or inadequate follow-up care claim in Cleveland. There are strict statutes of limitations for Ohio medical malpractice claims, and evidence only gets more difficult to collect as time passes. Please call us at 440.597.4430 or send us a message to schedule your free consultation.