Liability for surgery mistake resulting in a hemothorax?
by Anonymous (USA)
I went to the emergency room for a collapsed lung. During the procedure to evacuate the air in my chest cavity the PA (Physician's Assistant) cut an artery causing a hemothorax (collection of blood between my lung and chest wall).
I spent 7 days total in the hospital. I underwent surgery for the hemo/pnumothorax and experienced incredible amounts of pain from the chest tube inserted for drainage. I'm looking for a little perspective. Do I have a decent case?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Liability for surgery mistake resulting in a hemothorax?":
It seems you may have a case. Your unfortunate incident could have been avoided. The physicians' assistant appears to have been negligent when she cut your artery.
You are talking about a medical malpractice case. Medical malpractice cases should never be attempted alone. They require the advice and counsel of an experienced personal injury attorney; preferably one with substantial experienced in med mal cases.
Be sure not to sign any documents you may be sent from the hospital or its insurance company. You would be better off consulting with an attorney before you speak with the hospital or its representatives again. Of course, if any of the discussions are about further treatment you need, be sure to follow through. You should not endanger your health by avoiding necessary medical care.
Each state has a unique statute of limitations time period for filing a personal injury lawsuit. Be sure to consult with an attorney promptly. If you miss the limitations period you will lose all your rights to legal action against the hospital.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.