Can I sue for malpractice if emergency medical personnel punctured my lung while trying to insert an IV?

I had an asthma attack and fainted in the ambulance. I woke up 2 days later and was told I was on life support due to my lung being collapsed because it was punctured and I was 5 months pregnant at the time.

Asked on August 31, 2013 under Malpractice Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No every injury suffered as a result of medical treatment is actionable. In order for a medical malpractice case to move forward the palintiff must show not only that they suffered damages but that the damages were caused by negligence. In your case, without knowing more, you may or may not have a valid claim.

At this point, you should consult directly with an attroney who specializes in these cases. They can best review the facts and advise you accordingy. Consultations of this type are typically free.


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