If a hospital missed your collapsed lung, you may be eligible to receive compensation. However, there are certain criteria you must meet in order to have a valid medical negligence claim.
In this guide, we explain when you could be eligible to make a medical negligence claim and how long you have to start legal proceedings. Additionally, we share examples of how a hospital could miss your collapsed lung and the evidence that could be used to support your case. We also provide information on how medical negligence compensation is calculated for successful cases. Furthermore, we will explore how one of our No Win No Fee solicitors could help you with making a claim.
If a hospital missed your collapsed lung, and you want to know whether you could be eligible for compensation, you can continue reading. You can also contact our advisors to discuss your case and receive free advice. They are available 24/7, and can be reached by:
- Calling 0800 652 3087
- Discussing your claim online.
- Using the pop-up chat window in the corner.
Hospital Missed A Collapsed Lung – Medical Negligence Claims Guide
Select A Section
- How To Make A Claim Against A Hospital For A Missed Collapsed Lung
- How Could A Hospital Miss Your Collapsed Lung?
- What Evidence Of Medical Negligence Could You Provide?
- Estimated Payout If A Hospital Missed Your Collapsed Lung?
- Could Medical Negligence Assist Help With My Claim Against A Hospital?
- Further Guidance On Claiming If A Hospital Has Missed Your Collapsed Lung
How To Make A Claim Against A Hospital For A Missed Collapsed Lung
When you’re in the care of a medical professional, they owe you a duty of care. This means they are required to provide you with a level of care that meets an acceptable standard. This duty of care also extends to various medical environments, including hospitals, GP surgeries and pharmacies.
The NHS states that a collapsed lung occurs when air becomes trapped in the space between the chest wall and the lung. It is otherwise referred to as a pneumothorax. Symptoms can include shortness of breath and a sudden sharp chest pain that worsens with breathing deeply or coughing. If left untreated, the trapped air could press against your other organs and cause damage to them.
In order to have a valid medical negligence claim if a hospital missed your collapsed lung, you would need to prove:
- The hospital owed you a duty of care.
- They breached this duty.
- This breach caused you to suffer unnecessary or avoidable harm.
A breach of a medical professional’s duty of care that results in unnecessary harm forms the basis of medical negligence.
How Long Do You Have To Claim Against A Hospital?
Generally, you have 3 years to begin a medical negligence claim. This time limit is set out in the Limitation Act 1980 and runs from the date you were harmed or first reasonably connected the harm with a healthcare professional breaching their duty of care. This is otherwise known as the date of knowledge.
However, there are certain exceptions to the medical negligence claims time limit. To learn what these are, or to see if you could be eligible to receive compensation after a hospital missed your collapsed lung, contact our advisors.
How Could A Hospital Miss Your Collapsed Lung?
There are various ways a hospital could have missed a collapsed lung. However, in order to make a medical negligence claim, you will need to prove that you were harmed unnecessarily due to the hospital breaching their duty of care.
Some potential examples of how a hospital could have missed a collapsed lung include:
- Despite displaying clear symptoms of a collapsed lung while in hospital, they fail to order an X-ray or additional tests to confirm this. This could lead to you receiving a delayed diagnosis and delayed treatment.
- A doctor working in a hospital could misread or misinterpret your chest X-ray scans. This X-ray negligence could cause your collapsed lung to be missed.
- A hospital could mix your test results with that of another patient, resulting in you receiving an incorrect diagnosis.
These are only a few potential examples of how hospital negligence could take place. It is important to note that there may be some instances where a hospital did not breach their duty of care, but a collapsed lung was still missed. In these cases, you might not be able to claim compensation.
To receive free advice for your case, contact our advisory team today.
What Evidence Of Medical Negligence Could You Provide?
If you want to make a medical negligence claim after a hospital missed your collapsed lung, you will need to provide evidence that a medical professional breached their duty of care and caused you to suffer unnecessary harm.
We have included a few examples below of evidence that may be used to support your case:
- A copy of your medical records detailing your diagnosis and the treatments you have received.
- Any X-ray scans showing that you suffered a collapsed lung.
- If anyone was present when your condition was missed or if you received a medical misdiagnosis of your condition, you should take note of their contact information. They may be able to provide a statement later on.
- A diary detailing any symptoms you have experienced.
It’s also possible that a Bolam Test will be requested. However, this will be arranged for you. If so, a panel of medical professionals who are trained in the relevant field are approached to consider whether the care you received reached the required standard.
Reach out today to discuss your case and potentially be connected with one of our medical negligence solicitors. They could assist you with gathering evidence and guiding you through the claiming process.
Estimated Payout If A Hospital Missed Your Collapsed Lung?
If your medical negligence claim after a hospital missed your collapsed lung is successful your compensation settlement could include up to two heads of claim. These are known as general and special damages.
General damages compensate you for the harm you have experienced due to a medical professional breaching their duty of care.
When legal professionals are calculating general damages for your claim, they will refer to various documents, such as the findings from a medical assessment. They may also refer to the guideline compensation brackets found in the Judicial College Guidelines (JCG). This document provides compensation guidelines for various forms of harm.
Below, we have included some of the compensation guidelines found in the 16th edition of the JCG. Please only refer to it as a guide.
Compensation Guidelines
| Harm experienced | Description | Compensation Bracket |
|---|---|---|
| Brain | (b) Moderately Severe - The person will seriously depend on others for constant care due to being seriously disabled. | £219,070 to £282,010 |
| Chest | (a) The worst type of case will be of total removal of one lung and/or serious heart damage. | £100,670 to £150,110 |
| Chest | (c) continuing disability from damage to the lungs and chest. | £31,310 to £54,830 |
| Chest | (f) A chest injury that leads to collapsed lungs, but an uncomplicated complete recovery is made. | £2,190 to £5,320 |
| Lung Disease | (d) Breathing difficulties (short of disabling breathlessness) requiring fairly frequent use of an inhaler. | £31,310 to £54,830 |
| Lung Disease | (e) Wheezing not causing serious symptoms; little or no serious or permanent effect on working or social life. | £20,800 to £31,310 |
Special Damages
Certain claimants could be eligible to receive a second head of claim. It’s called special damages, and it is intended to reimburse you for the financial impact the medical negligence has caused you.
Some examples of the financial losses you could experience include:
- Loss of earnings.
- Medical expenses.
- Care at home costs.
- Travel costs.
For a full valuation of your medical negligence claim, get in touch with our advisors today.
Could Medical Negligence Assist Help With My Claim Against A Hospital?
Our solicitors work with their clients on a No Win No Fee basis via a Conditional Fee Agreement (CFA). Under this arrangement, you will have access to your solicitor’s legal services without paying them an upfront fee. You will also not have to pay them for their work while the claim is ongoing or if it ends unsuccessfully.
Your solicitor will take a success fee from your compensation if your claim ends successfully. There is a legal cap in place for the percentage that this fee can be.
Talk To Our Experts
Speak with our advisors today to discuss your potential medical negligence claim if a hospital missed your collapsed lung. If they deem your case to be valid, they could put you in contact with one of our No Win No Fee solicitors, who could assist you with claiming compensation.
They are available 24/7 to answer any questions you may have regarding your claim. So, if a hospital missed an injury such as a collapsed lung, get in touch to find out more about what steps you could take next. Connect with our advisors by:
- Calling 0800 652 3087
- Discuss your claim online.
- Using the pop-up chat window in the corner.
Further Guidance On Claiming If A Hospital Has Missed Your Collapsed Lung
More from us:
- How to make a claim against negligent doctors and how much compensation you could receive.
- Information on how to report a doctor’s negligence and when you could make a claim.
- Information on if you could claim following the wrong medication given to you while in hospital.
Information from other sources:
- Care Quality Commission (CQC) – Find a hospital.
- General Medical Council (GMC) – The duties of a doctor registered with the GMC.
- Ministry of Justice – Pre-action protocol for the resolution of clinical disputes.
To see if you could make a medical negligence claim if a hospital missed your collapsed lung, you can contact our advisors.