Visitor Question

Liability for surgery mistake resulting in a hemothorax?

Submitted 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: 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,

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.

Learn more here: ER Malpractice Lawsuits

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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