Premature Discharge Lawyer in Las Vegas
Hospital Negligence Claims Built on Medical Evidence
Claims arising from premature discharge require close examination of the patient’s condition, the hospital’s decision-making, and what followed the release. Burris & Thomas, LLC handles medical malpractice claims for personal injury victims across Nevada and has managed more than a hundred lawsuits against Las Vegas hospitals.
Attorney Steven M. Burris brings extensive experience to complex medical malpractice scenarios. The firm evaluates hospital records and medical findings, then pursues healthcare negligence claims through negotiated settlements or trial representation.
Call (702) 529-3101 to discuss an early hospital discharge with the firm’s attorneys.
Unsafe Hospital Discharge in Las Vegas
A premature discharge occurs when a patient leaves the hospital before the care necessary for a safe transition has been provided or arranged. An early release isn’t automatically negligent, even when the patient is later readmitted. The central question is whether the decision met the accepted standard of care: the level of care a reasonably qualified medical professional would have provided under similar circumstances.
That determination depends on the patient’s condition, treatment history, medical records, and medical review. A release may be unsafe when unresolved issues indicate that further care or monitoring was required.
Factors that may require examination include:
- Vital signs that remained unstable when the patient was released.
- Abnormal test results that weren’t adequately addressed.
- A condition that required additional hospital monitoring.
- Incomplete medication or follow-up directions.
- Insufficient home-care planning or return precautions.
Documents Used to Evaluate an Early Hospital Discharge
Discharge paperwork can establish the hospital’s stated reason for release, medication directions, aftercare instructions, and return precautions. Patients and families should preserve the complete paperwork as provided, along with medication lists and written communications related to the discharge.
Records from a readmission or later treatment can document the condition that required further care. A legal assessment typically compares those records with the original hospitalization, including test results, physician notes, nursing documentation, and the discharge plan.
A clear timeline is also important. Dates and descriptions of symptoms, communications with medical staff, and any return to treatment can help medical professionals assess whether the original discharge caused or contributed to the harm. This evidence must be considered in the context of the patient’s complete medical history rather than treated as proof of negligence by itself.
Discuss an Early Hospital Discharge with the Firm
Burris & Thomas, LLC offers free initial consultations to patients and families seeking an assessment of possible negligence related to an early discharge. The firm can review the circumstances, identify the records needed for an investigation, and explain the legal process that may follow.
Clients don’t pay attorney fees if there’s no recovery under the firm’s contingency fee arrangement.
Request a free consultation by calling (702) 529-3101 or using the firm’s contact form.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
