Just a few decades ago, women would spend a week or more in the hospital after giving birth. This was even for cases where there were no complications. However, if you go into a Michigan hospital today to give birth, you will probably be home before dinner tomorrow. Quick releases are a common occurrence in labor and delivery.
Discharging a patient too early after birth could equate to medical malpractice, according to the American Board of Professional Liability Attorneys. Typically, you and your baby will be fine to leave the hospital within 24 hours. However, if you have any complications or your baby has any problems, you may require a longer stay.
To be malpractice, an action must violate the standard of care. This means that it is outside the normal actions of a medical professional in the same situation. Since many doctors and hospitals release new mothers and babies soon after birth, the release alone will not equal malpractice. However, since it is common practice to keep mothers or babies who have had complications longer in the hospital, if your doctor releases you too early and you had complications, then this could be malpractice.
You also need to show that the early release caused you harm. It must be a significant injury to qualify. This could be damage to your health or the baby’s health or an injury that results from not being in the hospital and under monitoring.
You need to have all the elements to prove malpractice. This information is for education and is not legal advice.