When you walk into an emergency room, you expect to be taken seriously. After all, you’re there because you don’t feel well, and you are clearly in some sort of medical crisis. But what happens when you get sent home from the ER too soon? It’s a mistake that happens too often in West Virginia and nationwide — and the results can be devastating.  

Why Do Patients Get Sent Home Too Soon?

Emergency rooms are chaotic places. Doctors and nurses are under tremendous pressure to get patients in and out as quickly as possible. In the process, some patients are improperly discharged before their condition has been adequately diagnosed or stabilized.

The reasons for an early ER discharge can include:

• Overcrowding: Doctors may want to free up a bed as soon as possible.
• Incomplete, Inaccurate, or Delayed Tests: Doctors may order the wrong tests, or test results may not be available before a patient is discharged.
• Misdiagnosis: Stroke, heart attacks, and many other critical conditions can initially present as less urgent issues.
• Pressure from Insurance Companies: Financial interests can sometimes influence decisions about care.

Regardless of the reason, the result is the same: Patients are sent home without receiving the care they need.

Missing the Diagnosis in an ER

In an ER, certain conditions are more likely to be missed or downplayed than others. They include:

Heart attacks, chest pain, and cardiac issues – Patients may be told they have anxiety or heartburn when they are, in fact, having a heart attack.

Stroke – Conditions such as dizziness, confusion, or headaches can often be dismissed as migraines, low blood sugar, or fatigue.

Sepsis – A life-threatening blood infection that typically begins with flu-like symptoms.

Internal bleeding – Patients who have fallen, been in an accident, or sustained some other form of trauma may bleed internally and not have that problem caught if scans aren’t ordered.

Appendicitis – Abdominal pain can be waved off as food poisoning or some other, much less serious condition.

When patients with these or other severe conditions are discharged and the problem is later discovered, the delay in treatment can make recovery far more difficult, if not impossible.

The Aftermath of Early Discharge

Getting sent home from the ER too soon can have a catastrophic impact on your life. Patients who were inappropriately discharged have experienced:

• Lengthy hospital stays later because the condition was allowed to progress
• Permanent disabilities that could have been prevented
• Loss of income due to missed work during recovery
• Emotional distress because the injury could have been avoided
• In worst-case scenarios, wrongful death

Early or Wrongful Discharge is More Than a Simple Mistake

Early discharge from an ER is not just a medical error. These are preventable mistakes that can form the basis for a malpractice claim. Legally speaking, to rise to the level of malpractice, the following must typically be present:

• Duty of Care – The ER and its staff had a duty to provide you with proper care.
• Breach of Duty – The ER fell below the accepted standard of medical care by discharging you prematurely.
• Causation – The ER’s decision to discharge you caused you harm.
• Damages – You suffered harm as a result. This can include medical expenses, lost wages, disability, and pain and suffering.

The key to a successful case is proving that a properly-run ER would not have discharged you and that the decision to do so caused you injury.

Legal Options for ER Victims

If you or a loved one was sent home from an ER too soon and suffered harm as a result, you may have a number of legal options. Consider the following:

Medical Malpractice Claim – This involves suing the hospital, doctor, and/or nurses for negligence.

Wrongful Death Claim – If a family member passed away due to an early discharge, the estate may be entitled to compensation.

Settlement – Most cases are resolved without trial through a negotiated settlement with the hospital’s insurance carrier.

By pursuing a claim, you can get the proper compensation you need to cover medical expenses, lost income, disability, and more.

Compensation Available in a Claim

The following are some of the types of damages that may be available to you if you have been harmed by an early discharge from an ER. A successful claim can provide compensation for:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Funeral and burial expenses (in wrongful death cases)

Why These Cases Are Challenging

Early discharge cases are not easy. Hospitals will often argue that the patient didn’t present any outward signs of a critical condition or that their subsequent illness wasn’t caused by the ER’s negligence. Proving this typically depends on:

• Expert witnesses who can say a standard of care was breached
• A thorough analysis of the medical records
• Timelines that show how the delay in treatment made the condition worse

This is why having an experienced attorney who routinely handles ER negligence cases on your side is so important.

How We Can Help

We have seen too many cases where patients are inappropriately discharged from the ER. We understand the techniques and tactics hospitals and insurance companies use to avoid responsibility, and we work diligently to hold them accountable. If you choose to work with us, we will:

• Closely review all of your medical records and the ER visit  
• Talk to independent medical experts
• Aggressively pursue maximum compensation through negotiation or trial
• Advocate on your behalf during each and every stage of the process

You went to the ER in distress and assumed someone there would take your situation seriously upon arrival. But they failed you—and we’re here to make sure they understand the seriousness of their mistakes.

Talk to a Well-Versed ER Negligence Attorney About Your Case Today

If you believe you or a loved one was discharged from the ER too soon and suffered harm as a result, don’t wait to get help. These cases are time-sensitive, and evidence can disappear quickly. Contact our office today to schedule a complimentary consultation. We’ll listen to your story, explain your legal rights, and fight for the justice you deserve.