Am I entitled to compensation for my punctured lung treatment?

Full question:

I had a procedure done that resulted in a punctured lung. I was sent to another doctor for the care of the punctured lung. He sent me home because the puncture was so small, he felt it would heal on it own. Twice that night I called him telling him how much I hurt. The second time he told me to tough it out till the morning. The next morning I went to see him and 1/3 of my lung had collapsed. I was in the hospital for two days. Am I entitled to be compensate for negligent, pain and suffering? Is it against the law for the doctor to do this without an attorney?

  • Category: Civil Actions
  • Subcategory: Medical Malpractice
  • Date:
  • State: Utah

Answer:

It is possible that a delay in treatment worsened your condition, which would require expert testimony to establish. A doctor can make medical decisions without needing a legal opinion from an attorney. Attorneys typically become involved only when there is a lapse in care that leads to a malpractice suit.

Medical malpractice occurs when a medical professional fails to adhere to accepted standards of practice, resulting in harm to the patient. To prove malpractice, you must show that the doctor did not meet the standard of care, which is usually determined by expert testimony regarding how similarly qualified practitioners would have managed your care under similar circumstances.

Many malpractice cases involve failure to diagnose or treat a condition properly. This could mean that the doctor should have ordered specific tests or misinterpreted the results. To claim damages, you must demonstrate that your condition worsened due to a lack of timely treatment or incorrect information.

In cases of malpractice resulting in death, there can be separate claims for personal loss and suffering before death, as well as wrongful death claims for financial losses to the decedent's family. Defendants in malpractice cases often argue that the injury was not caused by their actions or was due to a pre-existing condition.

The determination of whether the standard of care was met will require a medical professional to review your medical records. Medical malpractice cases are complex, so it is advisable to consult a local attorney who specializes in this area. Many attorneys offer free consultations and may take cases on a contingency basis. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A punctured lung, or pneumothorax, can have long-term effects depending on the severity and treatment. In some cases, it may lead to recurrent pneumothoraces or reduced lung function. However, many individuals recover fully without lasting issues. Regular follow-ups with a healthcare provider are essential to monitor lung health after such an injury.