Do I have a case against the surgeon for lung damage done during surgery?

If you can prove that the surgeon?s actions fell below the standard of care in your community, you have a case.

I disagree with your medical diagnosis. However, if you can get a doctor of the same credentials to testify that it is due to the surgery AND that the surgeon did something wrong which caused it, then you can sue.

You need a lot more. You need a doctor to say it was caused by the surgeon. If you think you are a victim of malpractice, get an attorney to review the case, but you may have to pay for the review. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.

Key is "could be"Get your complete medical chart ( Every word on the subject) And find you a doctor to review and tell you whether this is malpractice. It could be just a bad result. It could be one of the risks. It could be the not connected.

It depends on whether your lungs were damaged because the surgeon failed to follow protocol. You have to have a surgeon willing to testify to that under oath.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of all of your medical records and have a doctor review them; if he/she is willing to testify that the surgeon failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed

Atelectasis can be caused by a number of conditions, including pneumonia and other pulmonary conditions. It is not, in and of itself due to a surgical mistake and probably is not. It would be difficult to prove that your lung issue was due to medical negligence. You might want to have an attorney obtain your hospital records to be better able to advise you.

It is possible. You need to contact an attorney in your area who handles medical malpractice claims.