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Hospital & treatment
Unsafe Hospital Discharge Claims
A discharge may require investigation where a patient was sent home or transferred without reasonable assessment, treatment, medication, safety-netting or support and their condition then worsened or avoidable harm followed.
SRA regulated solicitorsConfidential initial enquiryEvidence-led assessment
Quick check
Could this apply to you?
1
Discharge despite unresolved warning signs
2
Important test results not reviewed before discharge
3
Medication or follow-up arrangements omitted
Last updated 9 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Discharge despite unresolved warning signs
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Important test results not reviewed before discharge
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Medication or follow-up arrangements omitted
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
No clear safety-netting advice about deterioration
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Required care, equipment or transport not arranged
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Poor handover to a GP, community team or care provider
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
What makes a discharge unsafe?
A patient does not need to be fully recovered before leaving hospital. The question is whether discharge was reasonable in light of the information available and whether appropriate treatment, advice and follow-up were arranged.
The investigation may consider observations, pending results, capacity and mobility, medication, home circumstances and the plan for further care.
Readmission does not prove negligence
Some patients reasonably need to return even after an appropriate discharge. A claim normally requires evidence that the original decision or plan fell below a reasonable standard and caused a worse outcome.
Reconstructing the discharge pathway
Records from the hospital and the services that received the patient can establish what was known, communicated and arranged. A clear timeline can identify gaps in assessment, handover or escalation.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
01
Admission, observation and discharge records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Test results and medication records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Discharge letters, referrals and safety-netting advice
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Independent expert evidence on the timing and consequences of discharge
The evidence is considered alongside the chronology and appropriate independent expert opinion.
Useful next steps
Guidance related to unsafe hospital discharge
Unsafe hospital discharge guide
Understand discharge decisions, follow-up, safety-netting and useful evidence.
Making a claim against the NHS
Learn how an NHS medical negligence claim may be investigated.
Check your circumstances
Tell us what happened using five short questions.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
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Tell us what happened.
Questions answered
Unsafe Hospital Discharge FAQs
Can I claim if I was readmitted after discharge?
Potentially, but readmission alone is not enough. The assessment considers whether the earlier discharge was unreasonable and whether it caused avoidable harm.
What is safety-netting?
Safety-netting generally means clear advice about expected recovery, warning signs, when and where to seek help, and any planned review or investigation.
Can a missing follow-up appointment be relevant?
Yes, where reasonable follow-up should have been arranged and the omission caused a harmful delay or deterioration.
What if the discharge involved social care?
Health and care records may both be relevant. The legal position depends on each organisation’s role and the evidence about what should have happened.
Related guidance
Useful medical negligence guides
Unsafe hospital discharge: warning signs, evidence and next steps
A practical guide to discharge decisions, pending results, medication, follow-up, safety-netting and avoidable harm after leaving hospital.
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