Improper Discharge from the Emergency Room

When patients seek help in the emergency room, they often do so under urgent and vulnerable circumstances and rely on emergency physicians and hospital staff to provide timely and appropriate care. Unfortunately, some patients are sent home too soon without adequate evaluation, stabilization, or instructions, resulting in avoidable harm. Improper discharge from the emergency room can lead to dire consequences, including worsening of a medical condition, permanent injury, or even death, and may be grounds for pursuing medical malpractice claims. If you or a loved one were discharged from the emergency room prematurely or without the necessary safeguards, it is important to understand your rights, and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys are dedicated to helping victims of medical malpractice pursue justice, and if you hire us, we will gather the evidence needed to provide you with a strong chance of a favorable outcome. We frequently represent clients in Syracuse, Rochester, and throughout Upstate New York in claims against negligent healthcare providers.

Improper discharge from the emergency room occurs when a patient is released from care without a proper diagnosis, without receiving necessary treatment, or without adequate discharge instructions. This may occur because a physician misjudges the severity of the symptoms, fails to thoroughly review test results, or is under institutional pressure to quickly reduce patient volume. In some cases, communication failures between emergency room staff and attending specialists result in the patient being sent home before critical consultations are completed. Other times, the hospital may be understaffed, or protocols for high-risk patients may not be followed, leading to hasty or uninformed decisions.

The consequences of improper discharge from the emergency room can be catastrophic. A patient experiencing subtle signs of a stroke may be told they are experiencing a migraine and discharged, only to suffer a major neurological event hours later. A child with early signs of appendicitis may be sent home without imaging, only to return in septic shock. A patient complaining of chest pain might receive an incomplete cardiac workup and suffer a fatal heart attack shortly after discharge. In each of these scenarios, the emergency room failed in its duty to recognize the gravity of the patient’s condition and to act with the diligence required by the standard of care.

When patients are discharged too early, they often do not understand the risks they still face or the steps they should take if their condition worsens. Improper discharge from the emergency room is particularly dangerous for individuals with cognitive impairments or patients without primary care follow-up, all of whom are especially vulnerable to being overlooked.

A patient harmed by improper discharge from the emergency room may have grounds to bring a medical malpractice claim. Under New York law, a successful malpractice claim usually must establish the elements of negligence. The first element, duty, refers to the obligation emergency room personnel, including physicians, nurses, and specialists, owe to every patient who seeks treatment. This duty requires them to act in accordance with accepted medical standards applicable to emergency care providers.

The second element, breach, refers to a departure from the standard of care. This can occur when the patient is discharged without adequate diagnosis or stabilization, when discharge decisions are made without reviewing all available test results, or when follow-up instructions are unclear or absent. It may also involve failures to communicate discharge decisions among providers or to warn patients about red-flag symptoms that require immediate return.

The plaintiff must then prove causation and damages. In other words, they have to show that the defendant’s breach caused actual losses. In emergency medicine, the issue of causation is often complex, as the defense may argue that the underlying condition would have worsened regardless of the discharge decision. As such, expert testimony is almost always required. A qualified emergency medicine expert must evaluate the care provided, explain how it departed from the standard of care, and describe how earlier intervention could have changed the outcome.

Damages in a claim involving improper discharge from the emergency room may include medical costs, lost income, and out-of-pocket costs. It may also include compensation for pain and suffering and mental and emotional distress.

Improper discharge from the emergency room is a preventable failure that can leave patients with irreversible injuries or grieving families seeking answers. If you or a loved one suffered harm after being sent home from an emergency room too soon, you may be entitled to compensation, and you should speak with an attorney. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers understand the complexities of claims arising out of incompetent care, and if you hire us, we can investigate your case and help you pursue the financial recovery you need to rebuild your life. We have an office in Syracuse and represent clients in Syracuse, Rochester, and communities throughout Upstate New York. To schedule a free and confidential consultation, call us at 833-200-2000 or contact us online.