Hyperbaric Oxygen Malpractice Lawyer
Medical malpractice lawsuits are a form of personal injury claims that are filed against medical professionals or hospitals. The issue is that many individuals do not know how to adequately file them. Hyperbaric oxygen treatment is a form of treatment involving pure oxygen, but not all medical professionals are skilled at utilizing it. Therefore, in the event of an injury, a victim can file a hyperbaric oxygen chamber malpractice lawsuit against the responsible party. Our law firm, the Downtown LA Law Group, has years of experience handling medical malpractice lawsuits and we can ensure that your hyperbaric oxygen treatment malpractice claim is a success. Let us work on your lawsuit today.
What is Hyperbaric Oxygen Treatment?
Hyperbaric oxygen treatment involves placing an individual in a hyperbaric chamber for a period of time, allowing them to inhale pure oxygen without other gases in the air. This is primarily used by athletes and those who need to recover from illnesses, as it improves circulation and allows the lungs and heart to get higher amounts of oxygen than they otherwise would. The chamber is pressurized, and users generally have to pop their ears when they are inside.
However, not everyone is qualified to use a hyperbaric chamber or place people inside of it. If there are any errors, claustrophobia, or problems with the oxygen, the patients can be greatly injured. It is highly recommended that individuals get certified and always have someone else on hand to help.
If a hyperbaric chamber collapses during use, there can be damage to the ears. Some other forms of injuries include:
- Lung damage
- Inner ear injuries
- Middle ear rupture
- Sinus damages
- Vision changes, such as myopia or nearsightedness
- Oxygen poisoning, leading to lung failure, seizures, and more
If individuals have collapsed lungs, lung disease, or other issues, it is advised that they do not use the chamber.
If you find yourself injured due to hyperbaric oxygen treatment, contact one of our attorneys to take legal action.
Slip and fall Accident
How to File a Hyperbaric Oxygen Chamber Malpractice Lawsuit
To file a hyperbaric oxygen chamber malpractice lawsuit, you must establish that the doctor was negligent in some way. This is similar to personal injury claims that have four points of negligence. In hyperbaric oxygen treatment malpractice cases, you must show the following:
- You had a doctor/patient relationship with the medical professional
- The medical professional breached his duty of care in some way
- The breach of duty resulted in an incident or instance of malpractice
- The malpractice caused actual physical injuries
Medical malpractice lawsuits require the presence of another group of medical professionals to testify. They must agree that they would not have acted the same as the responsible doctor if the circumstances were similar. They would have taken different actions that would not have resulted in your injuries, or they would have suspended treatment.
To file your medical malpractice or hyperbaric malpractice claim, you will need sufficient evidence on your side in addition to the testimony of these medical experts. You should get all the medical receipts, doctor’s notes, charts, test results, follow-up statements, medication, prescriptions, and more from the hospital to show the extent of your injuries and what kind of treatment you were given.
You should also make an additional medical appointment with another doctor to get separate treatments if you were injured. Do not hesitate too long to go to another doctor. If you wait too long, it becomes much more likely that your injuries will worsen. Further, a long delay between the initial issues from the treatment and a follow-up appointment can be suspicious to an insurance agent.
Take any pictures of your injuries if you can. This will be beneficial physical evidence. You should also try to take photos of the hyperbaric chamber if it collapsed during use.
There may have been eyewitnesses, nurses, or other patients who can testify to the malpractice. You may have family members who can also provide testimonies that you were noticeably injured after the procedure. You can add their statements to your claim.
Once you have gathered enough evidence, you should reach out to a skilled medical malpractice attorney who can handle your claim for you. If you have never taken legal action before, you may not be able to proceed very far. The insurance agent will not work with you and will make low offers because you cannot adequately counter them or come up with proof as to why you deserve more. Our legal experts will deal with all the legwork for your case while you focus on recovering from the injuries.
Statute of Limitations to File a Lawsuit for Hyperbaric Oxygen Treatment Malpractice
In California, there is a statute of limitations of 1 year or 3 years to file a claim for medical malpractice. You have 1 year to file a claim from the time you noticed the injury or the damage. However, if the year passed by without you becoming aware of the injuries, you will then have 3 years from the date of the hyperbaric oxygen treatment to take action against the doctor or the medical center.
If you do not take action within that time period, you will not be able to receive any compensation for your damages. The statute of limitations is in place to ensure that claims are swiftly handled and parties are not stuck waiting for the other to begin. Both parties will have ample time to gather proof and build a case or a defense. When claims are quickly handled, the most evidence is preserved and eyewitnesses have a higher chance of remembering key details and events.
You may be able to have the statute of limitations temporarily suspended or extended beyond the deadline. This most commonly occurs when victims are underage at the time of the injuries, which means that the statute of limitations would not count down until the individual turns 18 years old. The doctor also may have vacated the state in an attempt to wait out the statute, but the deadline would be floating until he returned. Additionally, if the victim were left physically or mentally incapacitated, the statute of limitations would be suspended until returning to functionality.
Speak with an expert medical malpractice attorney to determine if you are eligible for any exceptions to the statute of limitations. We will look over your claim and ensure that you do not file a lawsuit past the deadline. Too often, victims fail to adhere to the statute of limitations, and end up without proper compensation for their injuries.
Compensation from a Hyperbaric Oxygen Treatment Malpractice Claim
As with all personal injury claims, the amount of compensation you can receive can be extensive, and you can be covered for more than just the medical bills. The worth of your claim, though, will be largely determined by the insurance agent handling your case. If your injuries were extensive and your daily life and career were negatively impacted, you can likely expect a larger settlement than if you were not badly hurt. However, the insurance agent will try to pay you a small amount to preserve their profits. We will strive to win you the following:
- Medical bills and expenses for surgery, hospital stay, physical therapy, medication, future treatments, and more
- Property damage if you lost items somehow from the incident or injury
- Loss of income from the time you were unable to return to work, whether in the past or future
- Pain and suffering damages for emotional anxiety, fear, PTSD, psychological trauma, and more
In medical malpractice cases, there are caps on pain and suffering damages; you cannot receive more than $250,000 for emotional injuries or mental traumas. There is no upper limit on the other damages, though.
There are rarer damages that you may be able to secure as well, such as punitive damages in times of gross negligence or wrongful death damages if a loved one or family member passed away, but these are situation-specific. Our attorneys will fight for your maximum damages no matter what.
The Best Firm in Town
The Downtown LA Law Group is one of the most highly rated law firms in Los Angeles. We have a team of expert lawyers who have decades of experience between them, and we always fully dedicate ourselves to our clients. Our success stories and reviews speak for themselves. If you need expert legal representation on your medical malpractice lawsuit, do not hesitate to contact our offices. We are aggressive in our pursuit of compensation will go to court if necessary for your case.
Contact us today to set up a free legal consultation. If you have questions, we’ll gladly answer them and help you understand the value of your claim. Further, if you hire us, we’ll give you our zero fee guarantee. This means that you won’t pay any out of pocket expenses – we’ll cover all the costs ourselves, and if we win, the medical insurance company will pay our fees. If we lose, we take no payment and you owe us nothing.
To sue your doctor for hyperbaric oxygen treatment malpractice, get in touch with our team of attorneys at the Downtown LA Law Group.