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Health Law and Discharge Instructions

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Submitted By jhart69me
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I. Is a hospital liable for patients who fail to be compliant with discharge instructions?
II. No. A hospital cannot be held liable for patients who fail to be compliant with their discharge instructions.
III. Facts
1. In order to prove negligence or medical malpractice, the plaintiff must prove the: A. The requisite standard of care. B. A deviation from the standard of care C. A causal connection between the deviation and the claimed injury.
2. The hospitals rules, regulations, and policies do not establish a standard of care. However, a hospital’s failure to follow its own rules, regulations, and policies is evidence of negligence.
3. Discharge instructions can be construed to be part of a hospital’s rules, regulations and policies.
4. Unclear, or ambiguous discharge instructions can place the hospital at risk for increased liability for negligence if a casual connection can be made to a patient’s injury. Therefore, to protect itself, hospitals should be proactive in establishing clear discharge protocols and individualized discharge instructions.
IV. Review of the Law
In the case of Earline Therry, et al v. State of Louisiana, through the Department of Health and Hospitals and University Medical Center of Lafayette, Louisiana, a summary judgment was granted for the defendants based upon the plaintiff’s inability to establish a causal connection between a breach of the standard of care and any resultant injuries. In this case, Mrs. Therry accused the Defendants of negligence for allowing her to develop digitalis toxicity due to a one-day delay in returning to the hospital. Mrs. Therry’s discharge instructions stated to return to the emergency room if she had any problems. Mrs. Therry was discharged on two diuretics, possibly causing dehydration, which as one medical panel review board member concluded, could be a possible cause of the

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