Can I Sue If a Hospital Discharged Me Too Soon?

 Posted on July 15, 2025 in Medical Malpractice

Most people trust that hospitals will not send them home until it is safe to leave. Unfortunately, wrongful early discharge decisions are sometimes made too quickly, often due to insurance limitations, hospital overcrowding, or cost-saving policies. If you or a loved one was seriously harmed because a hospital sent you home too soon, speak with a dedicated Rolling Meadows, IL personal injury lawyer about whether you have grounds to pursue a medical malpractice claim under Illinois law.

What Are Common Risks of Premature Discharge?

Hospitals in busy areas sometimes face pressure to make beds available quickly. This pressure can lead to discharge decisions that put patients at risk. Some of the most common dangers include:

• Undiagnosed conditions, such as infections, blood clots, or internal injuries

• Lack of follow-up care instructions

• Inadequate medication review, especially in elderly patients

• Unmonitored side effects or reactions to treatment

• Failure to ensure home support or equipment for recovery

In the worst cases, these oversights lead to emergency room readmissions, serious complications, or even death.

When Does Early Discharge Count as Medical Malpractice?

Under 735 ILCS 5/2-622, someone can take action after a hospital discharge if being sent out of the hospital early is so dangerous that it is negligence on the part of the supervising doctors or nurses. That means that the hospital or staff discharged a patient when normal standards of care would require keeping the patient in the hospital, and that it directly caused harm that could have been avoided with proper care.
For example, if a patient is discharged while still showing signs of infection, internal bleeding, or unstable vital signs, and the condition worsens or becomes life-threatening as a result, the hospital may be liable.

When courts in Illinois look at an early discharge case to see whether it was medical malpractice, they will look at the professional decisions of the doctors and nurses, the normal standard of care in similar cases, and the administrative policies of the hospital. Bringing in other medical professionals to testify may be necessary. 

Who Can Be Held Responsible in an Early Discharge Lawsuit?

Depending on the facts of the case, several parties could be held responsible, including the physician who approved the discharge, the hospital administration, if policies encourage early release without proper evaluation, and nurses or other staff who failed to document or report signs that the patient was not stable.

In some cases, insurance companies or third-party administrators indirectly influence decisions by prioritizing cost over care. However, proving they have direct liability may be more challenging. An experienced Illinois medical malpractice attorney can evaluate who was involved in the decision to discharge you and whether their actions violated the standard of care.

How Do You Prove That Discharge Was Too Soon?

Early discharge lawsuits in Illinois typically require testimony from medical experts who can explain how the hospital’s decision differed from what a reasonably careful provider would have done. Evidence can include medical records, discharge summaries, test results, physician notes, documentation of the patient’s condition at discharge, or follow-up treatment records showing worsening symptoms.

Contact an Arlington Heights, IL Medical Malpractice Lawyer

If you were harmed because a hospital sent you home too soon, the experienced Schaumburg, IL personal injury attorneys at Newland & Newland, LLP can help. Our lawyers have decades of combined experience and a strong track record of results. We are proud to serve our local communities and provide free consultations. Call us today at 847-797-8000 to discuss your case and learn how we may be able to help.