What Happens When a Hospital’s Discharge Mistake Causes You Harm?

September 10, 2025

A hospital’s legal duty to a patient continues through the discharge process. When a hospital fails to ensure a safe transition from their care—by providing incorrect medication, unclear instructions, or discharging you too soon—and you suffer harm as a result, this may be a case of medical negligence.

Proving that the harm was a direct result of a flawed discharge process is challenging, as hospitals and their insurance providers will investigate the situation to protect their own interests.

However, Pennsylvania law provides a way for patients to hold healthcare providers accountable and pursue compensation for further medical treatment, lost income, and pain and suffering.

If you have a question about a recent hospital discharge that led to a new or worsened injury, call Wapner Newman at (215) 569-0900

Key Takeaways for Hospital Discharge Errors

Discharge errors are a form of medical negligence. This gives you a legal path to pursue compensation when a hospital’s substandard care during the discharge process causes you harm.
Documenting your experience is essential for a claim. Keep all discharge paperwork, create a journal of your symptoms, and track all related expenses to build a timeline of the harm you suffered.
Pennsylvania has a strict two-year deadline for filing a claim. You generally have two years from the date you knew or should have known about the injury to file a lawsuit, making it important to act quickly to protect your rights.

What Are the Most Common Hospital Discharge Errors?

These failures commonly look like simple mistakes, but they have serious consequences. Common errors that lead to patient harm include:

Unclear or Inadequate Instructions: You receive confusing, incomplete, or jargon-filled instructions about medication schedules, activity restrictions, or symptoms to watch for.
Failure to Arrange Follow-Up Care: The hospital does not schedule necessary appointments with specialists or arrange for home healthcare, leaving your recovery unmanaged. This is a form of patient abandonment.
Medication Reconciliation Errors: There is a mismatch between the medications you were on in the hospital and the prescriptions you are sent home with, leading to missed doses, overdoses, or dangerous drug interactions.
Discharging a Patient Too Early: You are sent home while your condition is still unstable, leading to a rapid decline and the need for readmission or emergency care.
Not Educating the Patient or Caregiver: The staff fails to confirm that you or your family member understands how to manage your condition at home, such as how to operate medical equipment or identify warning signs of a complication.

Why Is a Discharge Error Considered Medical Malpractice?

How does a mistake become a legal issue? It comes down to a concept called the standard of care. Simply put, the standard of care is the level of caution and competence that a reasonably skilled healthcare provider would be expected to use in a similar situation. When a hospital or its staff’s actions fall below this accepted standard, it is considered negligence.

To build a medical malpractice claim based on a discharge error, we must show four things:

A Duty Was Owed: The hospital had a professional duty to provide you with competent care, which includes a safe discharge process.
The Duty Was Breached: The hospital or its staff failed to meet the standard of care during your discharge. For example, they failed to follow federal regulations like 42 CFR § 482.43, which mandates a proper discharge plan.
The Breach Caused Harm: This is typically the most complex part. We must draw a direct line from the discharge error to the new or worsened injury you suffered.
You Suffered Damages: The harm resulted in specific losses, such as additional medical bills from a personal injury, lost wages from being unable to work, and physical and emotional suffering.

What Steps Should You Take From Home if You Suspect a Discharge Error?

Your immediate health is the first priority. If you are experiencing a medical emergency, seek treatment right away. Once your health is stable, your focus should turn to documenting what happened. The details you gather now become the foundation of a future claim.

From home, take these steps:

Keep All Paperwork: Do not throw away your discharge summary, medication lists, or any instructions the hospital gave you. Store them together in a safe place.
Start a Simple Journal: Each day, write down a few notes about your physical symptoms, pain levels, and any emotional distress you are feeling. This creates a timeline of how your health has changed since leaving the hospital.
Track Your Expenses: Keep a running list of all related costs: co-pays for new doctor visits, prescription costs, travel to appointments, and any other money you have to spend because of the worsened condition.
Document Missed Work: Note every day you are unable to work. If you have to use sick days or are on unpaid leave, keep a record of it.
Do Not Speak with a Hospital Risk Manager or Insurance Adjuster: They may contact you. Do not provide a recorded statement or sign anything until you have spoken with an medical malpractice attorney. Their job is to minimize the hospital’s financial liability.

Frequently Asked Questions About Hospital Discharge Errors

How long do I have to file a medical malpractice lawsuit in Pennsylvania?

In Pennsylvania, you generally have two years from the date you knew or reasonably should have known that you were injured by a medical error. This deadline, known as the statute of limitations for a medical malpractice claim, has very few exceptions.

What if my loved one who was harmed is an older adult?

Older adults are disproportionately affected by discharge errors. We have experience handling cases for seniors and their families, and we understand the unique challenges they face in their recovery.

Can I still have a case if I signed discharge papers?

Potentially yes. Signing standard discharge forms does not waive your right to safe medical care. If the discharge process itself was negligent and caused you harm, signing paperwork does not prevent you from holding the hospital accountable.

What is my case worth?

Every case is different, and it is impossible to say without a thorough review of the facts. Compensation depends on factors like the severity of your injury, the cost of your medical care, the amount of your lost income, and the impact on your quality of life.

Do I have to sue the individual nurse or doctor?

Typically, the lawsuit is filed against the hospital or healthcare system. As the employer, the hospital is generally responsible for the actions of its staff while they are on the job.

Let Wapner Newman Hold the Hospital Accountable

You trusted the hospital to care for you, and that trust was broken during what should have been the final step toward recovery. You do not have to handle the consequences of their mistake alone.

For a free consultation about what happened, call Wapner Newman today at (215) 569-0900.