Do I have a case for my daughter being sent home to early?

My daughter had emergency brain surgery at roughly 11 pm. After surgery, she was moved to recovery and then moved to an ICU room. By 1 pm the next day she was discharged from her ICU room to go home after only being done with surgery 13 hours prior.

Asked on October 15, 2018 under Malpractice Law, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is a type of personal injury. And in order to have a successful personal injury claim there needs to be a negligent or intentional act that caused harm. Here, you mention no inury suffered by your daughter due to her early release. Accordingly, you have no case.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You do not mention any injury to your daughter from being sent home early. Hopefully, there was not; and if there was not, you do not have a legal case. Civil lawsuit (like malpractice cases) compensate people for costs or injuries they incur or suffer; with no additional costs or injuries from being sent home early, there is nothing to sue for and so no case.

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