Visitor Question

Discharged from hospital with pain leading to collapsed lung…

Submitted By: Anonymous (USA)

I had surgery for a port-a-cath placement that unfortunately resulted in a complete tension pneumothorax. I complained of severe pain in my chest area. One x-ray showed possible pneumothorax with the second one being clear. My surgeon then signed off that I could go home after being pain-free and having had eaten lunch.

Approximately 2 hours before being released I developed severe pain again.

The nurses ultimately released me without following up with my surgeon about the pain coming back. Once I got home, approximately 40 minutes from the hospital where the procedure was performed, the pain was so severe EMS was summoned.

Upon arrival to the closest hospital it was discovered that I did in fact have a pneumothorax with complete collapse of lung and had to have a chest tube placed with a three day hospital stay.

Do I have a case to pursue medical malpractice with the hospital as the nurse’s took it upon themselves to discharge without further discussing my care with my surgeon, or a case against the surgeon?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

Technically you have the basis of a medical malpractice lawsuit against the hospital. At a minimum you have a legitimate claim for the costs of the paramedics and transport to the hospital.

The next issue is whether or not your premature discharge was the direct and proximate cause of your collapsed lung, your pain and suffering during the 40 minutes before being transported back to the hospital, and the three subsequent days you spent in the hospital.

If your early discharge was the direct and proximate cause of one or more of these, you would have a strong basis for a malpractice lawsuit.

Medical malpractice cases should never be pursued by a non-attorney. They are hard fought and complex. Inevitably a lawsuit will have to be filed. It is very rare for a doctor or a hospital to ever admit to having committed malpractice – and that’s regardless of how strong the evidence against them may be.

Fortunately, most reputable attorneys do not charge for an initial office consultation. If one accepts your case it will be on a contingency basis. This means you won’t have to pay any money in fees until, and unless your attorney settles the case after filling suit, or after a jury verdict in your favor.

Learn more here: Lawsuits for Hospital Malpractice

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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