Acute respiratory distress syndrome (ARDS) is a life-threatening condition linked to different causes and risk factors which sometimes are due to the fault of another person.
Whenever ARDS occurs, it ties to medical commitments and, in most cases, lifelong medical interventions.
Considering the daunting experiences that follow ARDS, such as severe shortness of breath, breathing failure, major organ failures, and lifelong life support, it is essential to retrieve enough compensation from the person responsible for the condition.
What Is Acute Respiratory Distress Syndrome (ARDS)?
Acute respiratory distress syndrome(ARDS) is a condition that affects the lungs causing the lung’s blood vessels to leak more fluids into the air sacs than usual. This obstruction inevitably prevents air from filling the lungs and moving oxygen into the bloodstream.
This condition can be life-threatening since lack of oxygen can cause severe harm to vital body organs such as the brain and the kidney, which need sufficient oxygen.
ARDS is known to develop primarily in people previously admitted to the hospital for another condition. It, therefore, develops as a complication of the initial sickness.
It is consequently essential to know who to sue should you or anyone around you develop ARDS.
Who Can I Sue For Acute Respiratory Distress Syndrome (ARDS)?
Acute respiratory distress syndrome has many different causes that may be linked to one or more people depending on the case.
Therefore, reviewing all your options while considering the person you are suing is essential.
The facts of your case may require a more demonstrative approach to ensure that all the points in the case are appropriately depicted.
To achieve this, you may need legal animation since it helps to properly convey the facts while helping the jury understand what the case is all about.
In a case involving ARDS, here are the people you can sue:
- Your physician or hospital
Even though the risk of having ARDS sometimes arises out of different factors, your doctor or hospital can be held liable for the sickness.
This is because if a person is rushed to the ER for a direct assault to the chest or head, inhalation of fumes or severe bleeding, the doctor in charge should suspect the possibility of ARDS.
If the doctor ignores the possibility, they could be liable for the disease.
Additionally, a physician or hospital can be held liable for ARDS in cases of severe blood loss, hospital infections, misdiagnosis, blood transfusion errors, heart bypass surgical errors, and pharmaceutical errors (essentially those associated with overdose or improper drug interactions).
For instance, in the case of NKC Hospitals, Inc. v. Anthony, Mrs. Anthony died due to negligence and deviation from the standard treatment method.
She had been admitted to the hospital when she complained of severe pains. The physicians failed to examine her and even discharged her even though she still complained of so much pain. Since she was pregnant then, the doctors assumed that the pain was pregnancy related.
They belatedly discovered that she had appendicitis and died of ARDS, a complication arising from the delay in treatment and diagnosis of her appendicitis.
In a case like this, a medical animation may be used to appropriately carve out the condition’s cause and the extent of the damage in the patient’s body.
2. An assaulter
ARDS can be caused sometimes by injury to the chest or head, usually by a severe blow.
This blow can come from different people or events.
A person can have an injury from another person’s direct assault on the body. It can also be caused by a fatal accident such as road or construction accidents.
For instance, in the case of Arnsdorff v. Fortner, the defendant suffered irreparable harm due to the appellant’s drunk driving, which resulted in a road accident.
The defendant suffered severe lung injury and had to undergo numerous surgeries.
His condition became further life-threatening when he developed ARDS and still had to undergo additional surgeries rendering him permanently in need of medical support.
In an unfortunate case such as this, legal animation can be used to ensure that you attain just enough compensation to pay for treatments and other bodily harm.
3. Your employer
Your employer can be responsible for your ARDS if their actions or negligence is a proximate cause of the sickness.
As inhaling harmful fumes and smoke is one of the causes of ARDS, it is possible to sue your employer or company if the exposure to those toxic fumes was during your employment.
For instance, in the case of J & L Steel Corporation v. WCAB (Jones), the defendant suffered ARDS due to his exposure to toxic fumes while in the plaintiff’s employment. He later died solely as a result of this condition.
You can also sue in a work accident that led to severe injury to the head or chest, especially when the accident wouldn’t have happened if appropriate safety measures had been in place.
In all these scenarios, you can use legal animation to ensure that you cover all the happenings in the case and also expose the negligence of your employer or company.
4. A manufacturer
A manufacturer of certain products can be held liable for ARDS in action for product liability.
The court can hold a manufacturer liable if their product is defective, causing harmful smoke and fumes to be emitted, thus causing harm to your body.
A vehicle manufacturer could also be liable if the cause of an accident that delivered a blow to a person’s head or chest was caused by a defect in the design or product.
In all of these circumstances, legal animation can be handy if used tactically and to its full potential.
Conclusion
Legal animation can prove to be a great ally in a case involving acute respiratory distress syndrome. It is essential to consult with a reliable and experienced legal animation company before using it in your case.
