Hyperbaric Oxygen Chamber Malfunction Attorney
Hyperbaric Oxygen Chamber Malfunction Attorney
When you are harmed by negligence from a medical professional or healthcare facility, you may have grounds to file a medical malpractice lawsuit. Malpractice can happen when patients are being treated in a hyperbaric oxygen chamber. The lawyers of DTLA Law Group can talk to you about the possibility of filing a hyperbaric oxygen chamber malpractice lawsuit. For more information, feel free to contact us 24 hours a day, 7 days a week.
What is Hyperbaric Oxygen Treatment?In hyperbaric oxygen therapy, a patient is placed inside a chamber for an extended period of time so they can inhale nothing but oxygen. In essence, the chamber keeps out other gases, which can improve circulation and provide higher amounts of oxygen into the heart and lungs. Popping your ears during the procedure is normal, as the chamber is pressurized.
This treatment is not appropriate for everyone, and patients can be seriously injured when staff members fail to exercise caution and keep an eye out for signs that the patient is in distress. People can also be hurt if the hyperbaric chamber collapses during use. Possible damage from a botched hyperbaric oxygen chamber treatment include:
- Lung damage
- Injury to the inner and/or middle ear
- Damage to your sinuses
- Impaired vision (nearsightedness or myopia)
- Seizures, lung failure and other signs of oxygen poisoning
Please note that you should not undergo this type of treatment if you have lung disease, collapsed lungs, and other issued with your respiratory system. If you suspect that you were harmed by negligence during an oxygen therapy session, contact our law firm to explore the option of suing for medical malpractice.
To hold a doctor responsible for injuries during an oxygen therapy treatment, you must show that they failed to provide you with the required standard of care. Essentially, you would have to prove that the healthcare provider was negligent, which is not just a matter of making a mistake. Any professional – medical or otherwise – can makes mistakes from time to time, and this isn’t necessarily grounds for a lawsuit.
To put it simply, the doctor’s actions would have to be careless or reckless enough to where a group of professionals in the same field would agree that they would have acted differently were they in the same position. So, it’s really a matter of proving that they failed to uphold professional standards, and this is one of the greatest challenges when it comes to proving liability in a medical malpractice lawsuit.
What to Do if You are Injured by Doctor NegligenceCivil lawsuits are based on a preponderance of evidence that indicates the other party failed in their duty of care. With that in mind, here are some tips on how to prepare for a medical malpractice claim:
- Gather any documentation concerning the procedure that harmed you – hospital bills, doctor’s notes, prescriptions, etc.
- Keep all medical records related to the injuries you suffered and the treatments that you had to go through.
- Make sure go the doctor as soon as you notice complications to ensure that the issues are linked to problems with the hyperbaric oxygen therapy.
- If you have any physical injuries, take pictures of them to use as physical evidence.
- If there were eyewitnesses, like other medical staff, family members, or other patients, they may be willing to provide witness statements. A lawyer can help you locate witnesses and obtain statements of what they saw.
- Consult a medical malpractice lawsuit attorney before speaking to an insurance agent or accepting a settlement offer. That way, you can be sure of receiving a fair amount of compensation from a claim for negligence during a hyperbaric oxygen therapy procedure.
The statute of limitations to file a lawsuit for medical malpractice is 1 to 3 years. To clarify, you have 1 year from when you noticed an injury or complication from treatment in a hyperbaric oxygen chamber. Alternatively, you have 3 years from the date of being injured to file a lawsuit for compensation.
Please note that there is a specific procedure for notifying the doctor of your intent to sue, which you should discuss with a lawyer that specializes in medical malpractice. Our lawyers can help you with the steps to filing a medical procedure injury claim.
Medical malpractice claims can result in 6 to 7 figure settlements, and the resulting payout doesn’t just cover your medical bills. So, what are the damages you can ask for as someone who was injured from a hyperbaric oxygen chamber treatment? Depending on the details of your case, you may receive:
- Cost of medical treatments and services, possibly for the rest of your life
- Loss of any income, including wages from your job, business earnings, work benefits, etc.
- Pain and suffering for on-going physical pain and mental health issues
In some cases where the medical provider’s actions were exceptionally negligent, you may be awarded punitive damages if your case is tried in court. A medical malpractice attorney can go over these payments with you, so don’t hesitate to give us a call.
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