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You could claim if a hospital missed a collapsed lung as a result of substandard treatment, or if the failure to diagnose the collapsed lung (pneumothorax) occurred after you were given treatment that fell below the expected standards of competence.
In a successful claim, you could receive anywhere from £6,500 for an uncomplicated injury leading to a collapsed lung to £183,190 for the total removal of one lung with permanent damage and ongoing pain. These figures are taken from the Judicial College Guidelines (JCG), which is a document that offers categories of compensation brackets for certain types of harm. With this said, undiagnosed collapsed lung compensation is dependent on the severity of the unnecessary harm caused by the negligent care, as well as the impact this has on your daily life.
At Advice, our solicitors have decades of experience in missed pneumothorax claims and have helped claimants nationwide recover the compensation they deserve. Our focus isn’t only on winning your case but also on ensuring that your compensation provides the financial security you need for any future treatments or care.
With over £100 million won in compensation for our clients, we have a proven track record of success in complex cases such as missed pneumothorax claims, and can handle the legal intricacies of your case whilst you remain focused on your recovery. Get in touch with our advisors today for a free case consultation with no obligation to continue.
To contact one of our advisors, you can reach us by:
- Calling us on 0161 509 2856
- Contacting us online
- Speaking to an advisor using our live chat
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Jump To A Section
- When Are You Able To Claim If A Hospital Missed A Collapsed Lung?
- How To Claim If A Hospital Missed A Collapsed Lung
- How Could A Hospital Have Missed A Collapsed Lung?
- Potential Compensation When Claiming For Hospital Negligence From A Collapsed Lung
- Why Claim With Advice’s Solicitors After A Collapsed Lung Was Missed
- Make A Missed Collapsed Lung Claim With Our No Win No Fee Solicitors
- More Resources About Making Hospital Negligence Claims
When Are You Able To Claim If A Hospital Missed A Collapsed Lung?
Medical professionals working in a hospital, whether private or public, owe a duty of care to their patients. This requires them to provide
care of the correct standard.
The way in which medical professionals are expected to uphold this duty of care will differ depending on the area of medicine they specialise in. For example, the Royal College of Nursing sets out the duty of care for nurses whilst the General Medical Council outlines the professional standards for doctors.
If a hospital missed a collapsed lung due to providing substandard care and this caused you to suffer avoidable harm, this could constitute medical negligence.
In order to make a hospital negligence claim, you need to show:
- A medical professional owed you a duty of care.
- They breached this duty of care.
- You suffered avoidable harm as a result of the breach.
To find out more about the eligibility criteria when claiming for a collapsed lung misdiagnosis, call our team on the number above.
How Could A Hospital Have Missed A Collapsed Lung?
The medical term for a collapsed lung is pneumothorax. A collapsed lung may happen when air has become trapped between the lung and the chest wall. This may affect one or both lungs, causing partial or full collapse.
A collapsed lung is a serious and even life-threatening condition. If it is not treated, complications could include cardiac and brain injuries because of reduced levels of oxygen.
Whilst there may be several symptoms of a collapsed lung, the diagnosis may be confirmed through a chest X-ray. Failure to recognise the symptoms, to refer for an X-ray or failure to read an X-ray could all lead to the misdiagnosis of your injury. In order to be able to claim, it will need to be shown that the medical professional treating you failed to provide the correct standard of care, causing you avoidable harm.
Examples of how a delayed diagnosis or missed diagnosis could happen could include:
- Someone visits the A&E department presenting with chest pain and other clear symptoms of a collapsed lung. They are not referred for a chest X-ray. The patient is sent home without additional tests. Their condition becomes worse and they suffer both heart and brain damage.
- The person was referred for a lung biopsy but this was either carried out incorrectly or the results were not interpreted correctly so the collapsed lung is missed. As a result the person suffers lung or heart damage.
Contact us to discuss your specific case and see if you could claim if a hospital missed a collapsed lung.
Potential Compensation When Claiming For Hospital Negligence From A Collapsed Lung
If you make a successful medical negligence claim against a hospital for missing a collapsed lung, you could be awarded a settlement that consists of up to two heads of loss. The first is general damages, which compensates for the pain and suffering caused by medical negligence.
Those valuing this head of loss can make reference to the guideline compensation brackets listed in the Judicial College Guidelines (JCG). Additionally, they can refer to a report generated from an independent medical assessment you might need to attend as part of the claims process.
Compensation Table
You can find a selection of figures from the JCG in the table below. However, how much compensation you receive may depend on different factors, such as the severity of the harm you suffered and how it affected your overall quality of life. As such, you should use the figures in the table as a guide only. Also, the top entry is not from the JCG.
| Injury | Severity | Guideline Compensation Brackets | Other Information |
|---|---|---|---|
| Multiple severe injuries and/or illnesses with financial losses | Severe | Up to £1,000,000+ | Compensation for the pain and suffering of multiple severe injuries and/or illnesses as well as monetary losses, such as lost income, care costs, and medical bills. |
| Brain Injury | Very Severe (a) | £344,150 to £493,000 | There is little evidence that the person can meaningfully respond to their environment. They also suffer from double incontinence and have poor language function. Around the clock nursing care is needed. |
| Moderately Severe (b) | £267,340 to £344,150 | The person is substantially dependent on other people due to being very seriously disabled. They need constant professional care. | |
| Chest Injuries | Complete Removal of One Lung and/or Serious Heart Damage | £122,850 to £183,190 | The person experiences serious and prolonged pain and suffering as well as significant and permanent scarring. |
| Damage to the Chest, Lung(s), and/or Heart | £80,240 to £122,850 | Permanent damage, function and impairment, physical disability, and a reduced life expectancy is present. | |
| Damage to the Chest and Lung(s) | £38,210 to £66,920 | There is ongoing disability caused by the damage. | |
| Lung | Serious Disability | £122,850 to £165,860 | There is a probability of a progressive worsening causing an early death in cases where the person is young. |
Special Damages When Making A Claim For Medical Negligence
Special damages compensate for the financial losses incurred due to medical negligence. They could include:
- Loss of earnings.
- Medical expenses.
- Travel costs, such as the cost of travelling to medical appointments.
- The cost of adaptations to your home.
In order to claim for these expenses, you will need to provide evidence such as bank statements, invoices and wage slips.
For more information on how much medical negligence compensation is, get in touch with our advisors today.
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How To Claim Compensation If A Hospital Missed A Collapsed Lung
In order to claim if a hospital missed a collapsed lung, you will need evidence that proves medical negligence led to the missed pneumothorax, or documents that show how a medical professional’s substandard care led to the worsening of your condition.
However, before you can begin to compile this documentation, there are a few vital steps that you can take to prioritise your health and wellbeing, whilst also supporting your legal position.
Below, we’ve created a streamlined list to make the process easier for you:
Seek Urgent Medical Help
Following a missed collapsed lung, the most important step is to seek urgent medical treatment. Thoracic surgeons can determine the extent of harm caused by the misdiagnosis, assist with lung repair, or perform a pleurodesis to prevent future collapses. Additionally, interventional radiologists can identify small pneumothoraces through CT scans.
This care creates an official clinical record of the treatments you’ve needed after the missed pneumothorax. These records will serve as vital evidence for any medical negligence you pursue.
Gather Evidence
Once you are in a more stable condition, you can begin gathering documents to build a strong body of evidence. In missed pneumothorax claims, evidence often centres on the initial chest X-ray. This may highlight a thin white line indicating a displaced visceral pleura or subtle asymmetric hyperlucency that was overlooked.
Furthermore, you can obtain radiology reports or records showing a failure to order follow-up testing despite ongoing chest pain or respiratory issues.
Document The Substandard Care
While not a requirement to seek compensation, you can make a formal complaint about the misdiagnosis directly to your healthcare provider. If you are unsatisfied with the response, you can then go through the Parliamentary and Health Service Ombudsman.
This step can provide a formal acknowledgement of any failings that led to your collapsed lung being missed. In turn, the paper trail it creates can be used by your solicitor to strengthen a claim, if you decide to pursue one.
Keep Ongoing Notes About The Impact And Your Losses
Ensure you record detailed information about your daily symptoms, such as breathing difficulties and persistent coughing. You should also record the dates of any appointments, scans, and diagnostic tests following the missed pneumothorax. Moreover, document your financial losses, such as lost earnings or the cost of purchasing specialist respiratory equipment.
Get In Touch With A Medical Negligence Solicitor
If a hospital missed your collapsed lung, having one of our experienced medical negligence solicitors represent you provides the expertise needed to navigate the complexities of the legal process. At Advice, our team is committed to client care and securing the compensation you need for long-term financial security and access to specialist pulmonary care.
Ensure You Start Your Claim Within The Time Limits
Most missed pneumothorax claims are subject to a strict time limit of either 3 years from the date of the substandard medical treatment, or from the date you realised that negligent care led to your collapsed lung.
It’s key that your claim is started within this limitation period, as any delay risks your case being time-barred and preventing you from seeking compensation.
Get in touch with our advisors for more information on the steps you can take to support your legal standing whilst prioritising your health.
Why Claim With Advice’s Solicitors After A Collapsed Lung Was Missed
At Advice, our solicitors have years of experience supporting clients through complex medical negligence cases, including missed pneumothorax claims. We provide a comprehensive service, from obtaining the detailed medical records needed to prove substandard care to accurately assessing the full impact on our clients’ respiratory health, quality of life, and finances.
Advice’s solicitors offer a highly personalised service, ensuring that your voice is heard and your needs are met from start to finish. By taking a holistic approach to client care, we deliver expert legal representation that is grounded in compassion and a deep understanding of the often lifelong consequences of negligent thoracic care.
Specific services we offer include:
- Arranging an independent medical assessment to evaluate the impact of your collapsed lung being missed
- Recommending tailored rehabilitation to help improve long-term breathing function, including specialist care from pulmonologists
- Providing regular updates about the progress of your claim in clear, easy-to-understand language
- A dedicated point of contact who understands the nuances of medical negligence law
- Fighting tirelessly on your behalf to secure compensation that accounts for any permanent respiratory damage and future care needs
As well as the services above, our solicitors will utilise your evidence and build an unshakeable case for you. Getting in touch with us today is the first step towards pursuing the undiagnosed collapsed lung compensation you deserve.
Make A Missed Collapsed Lung Claim With Our No Win No Fee Solicitors
Seeking compensation after a hospital has missed a collapsed lung can feel daunting, which is why having a legal team at your disposal who understands how to support your wellbeing can make a real difference when navigating the claims process.
At Advice, we firmly believe that everyone should have the right to accessible legal services. This is why our services are offered on a No Win No Fee basis, by using a contract called a Conditional Fee Agreement.
What this means in practice is:
- Our solicitors do not require upfront service fees to begin working on missed pneumothorax claims
- Clients do not make any ongoing payments for the work of their solicitor
- No service fees are charged when a claim fails for whatever reason
In the event that your claim is successful, then a small pre-discussed percentage will be taken as a success fee for our solicitor. This is capped in line with the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your compensation.
Get In Touch
Please get in touch with our advisors today for an obligation-free consultation. They can assess the facts of how a hospital missed a collapsed lung and explain the legal process in detail. If you’re eligible, they can connect you with one of our specialised missed pneumothorax claims solicitors.
To get in touch about compensation claims, you can use the contact details below:
- Call us on 0161 509 2856 to discuss punctured lung compensation claims.
- Request a call back by filling out our online contact form.
- Use our live support feature to talk to a member of our team.
More Resources About Making Hospital Negligence Claims
Below you will find some external resources:
- Find out more about the NHS Constitution for England in this government guide.
- Learn more about a pneumothorax or collapsed lung from the NHS here.
- Information on good medical practice from the General Medical Council.
If you have any other questions about making a claim if a hospital missed a collapsed lung, call our team on the number above.
