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

UPDATED: Aug 31, 2013

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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


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

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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