Pulmonologist malpractice occurs when doctors specializing in respiratory care fail to perform their duties with the expected standards of professional care towards patients, resulting in harm and damages. Pulmonologists are highly trained physicians who specialize in diagnosing and treating diseases and conditions affecting the lungs, bronchial tubes, and other related structures of the respiratory system. Their work often involves managing serious, life-threatening diseases, which makes precision and diligence critical to patient safety.
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According to research, 64.8% of paid malpractice claims against pulmonologists resulted in patient death—the highest mortality rate among all medical specialties. Additionally, 81% of pulmonology malpractice claims involve permanent injury or death, underscoring the high-stakes nature of this specialty.
While only 26% of pulmonology claims result in compensation, when they do, the median indemnity per paid claim is $285,769, ranking pulmonology as the 12th highest out of 69 medical specialties for average payout amounts. Research shows that 31% of claims against pulmonologists involved procedures, with 63% of all claims resulting from inpatient care.
If you or a loved one have suffered injury due to the negligence of a pulmonologist, it is crucial to seek the assistance of experienced medical malpractice lawyers to protect your rights and help you recover the compensation you deserve.
The Porter Law Group is dedicated to helping victims of pulmonologist malpractice throughout the State of New York. Our skilled attorneys have extensive experience in handling complex medical malpractice cases and are committed to fighting for the rights of our clients.
In 2023, New York led the nation in total medical malpractice payouts, totaling $617 million. The state’s average payout for medical malpractice was $586,730, significantly exceeding the national average. Noteworthy verdicts include $2.7 million against a Nassau County pulmonologist and $1.9 million for failure to diagnose a pulmonary embolism.
We work on a contingency fee basis, so there are no fees unless we win your case. If you believe that you have been a victim of pulmonologist malpractice, contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.
Pulmonologist malpractice is a type of medical malpractice that occurs when specialist doctors in diagnosing and treating respiratory conditions fail to adhere to the appropriate standards of care, causing injury to their patients. When pulmonologists are negligent in their duties, the consequences can be devastating.
Diagnostic Errors: The leading cause of pulmonology malpractice claims:
Procedural Complications: 31% of pulmonology claims involve medical procedures:
Treatment and Monitoring Failures:
Communication and Care Coordination Issues: Communication problems contribute to 36% of malpractice claims in pulmonology.
Pulmonary Embolism Management - Prior surgery accounts for 41% of pulmonary embolism cases, making post-operative monitoring critical. Common allegations include:
Critical Care Management - Pulmonologists who oversee ICU patients are exposed to added liability, especially in ventilator settings, where errors in weaning protocols or monitoring can lead to severe harm.
Lung Cancer Screening and Diagnosis - Given that lung cancer represents 28% of outpatient pulmonology claims, appropriate screening protocols and prompt investigation are critical.
New York does not cap damages in medical malpractice lawsuits, meaning plaintiffs can seek full compensation for economic and non-economic damages without statutory limitations. The injuries and damages resulting from pulmonologist malpractice can be extensive and long-lasting. You may be entitled to financial compensation for:
Pulmonologists owe patients a professional duty to act as reasonably prudent physicians would under similar circumstances. This standard encompasses diagnosis and treatment of respiratory conditions, performance of procedures such as bronchoscopy, and appropriate referrals to other specialists.
To establish pulmonologist malpractice in New York, four elements must be proven:
Technical performance issues account for 63% of contributing factors, while patient factors contribute to 55% of cases in pulmonology malpractice claims.
To prevent frivolous medical malpractice lawsuits, New York State requires the submission of a Certificate of Merit. This is a sworn statement by an expert witness, usually a qualified physician, certifying that the defendant was likely negligent in treating the plaintiff.
The certificate generally must include:
The Porter Law Group works with board-certified medical experts who can evaluate your medical records and tests, and issue the required certificate of merit. For pulmonology cases, this typically requires consultation with a physician experienced in pulmonary medicine, critical care, or respiratory therapy.
Pulmonologist malpractice claims in New York are subject to two years and six months (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same condition. The continuous treatment doctrine extends the statute of limitations when there is ongoing treatment for the same condition by the same healthcare provider.
Lavern's Law, enacted on January 31, 2018, significantly impacts pulmonology malpractice cases involving cancer misdiagnosis. This law is particularly relevant to pulmonologists who frequently encounter lung cancer and other respiratory malignancies. Under Lavern's Law, patients have 2.5 years from when they discover the cancer misdiagnosis, with an overall cap of seven years from the malpractice date.
All pulmonology malpractice complaints in New York must be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with at least one licensed physician who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.
Q: What is the most common cause of pulmonologist malpractice claims?
Diagnostic errors are the most frequent source, particularly involving missed lung cancer (28% of outpatient claims) and failure to diagnose pulmonary embolism (62% of related cases).
Q: How long do I have to file a pulmonologist malpractice lawsuit in New York?
Generally, you have 2.5 years from the date of malpractice or end of continuous treatment. For lung cancer misdiagnosis cases, Lavern's Law extends this to 2.5 years from discovery, with a seven-year overall cap.
Q: Why do pulmonology malpractice cases have such high mortality rates?
Pulmonologists manage life-threatening respiratory conditions. As a result, 64.8% of paid claims involve patient death, the highest across all specialties.
Q: Can I sue if my pulmonologist missed my lung cancer on a chest x-ray?
Yes. If cancer was present and a competent pulmonologist should have identified it, you may have a case. One example involved a $1.1 million settlement for a missed 2.5 cm nodular opacity on chest x-ray.
Q: What if I developed complications during a bronchoscopy?
Bronchoscopy carries risks of pneumothorax, bleeding, and respiratory compromise. If complications occurred due to improper technique or poor monitoring, you may have a valid claim.
Q: How much can I recover in a pulmonologist malpractice case?
New York has no damage caps. Recent cases include $2.7 million for wrongful death and $1.9 million for pulmonary embolism misdiagnosis. Lung cancer cases can range from $1-15 million.
Q: What if my pulmonologist failed to prevent a pulmonary embolism?
Failure to administer prophylactic anticoagulation accounts for 18% of pulmonology claims. If your doctor failed to provide appropriate prevention measures, you may have a claim.
Q: Can I sue for complications in the ICU under a pulmonologist's care?
Yes. Pulmonologists face additional liability in critical care settings, particularly regarding ventilator management and failure to recognize complications.
Q: Do I need an expert witness for my pulmonologist malpractice case?
Yes. New York requires a Certificate of Merit from a qualified physician with pulmonary medicine experience, and expert testimony is essential to establish the standard of care.
Q: What if multiple doctors were involved in my respiratory care?
You can potentially sue multiple providers if they all contributed to your harm. Pulmonology cases often involve coordination between specialists, primary care doctors, and critical care teams.
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If you have been harmed by the negligence of a pulmonologist, it is essential to consult with an experienced medical malpractice attorney. Pulmonology malpractice cases typically take significant time to resolve and require specialized expert testimony due to the complex nature of respiratory medicine.
Our skilled attorneys at The Porter Law Group have recovered millions of dollars for New Yorkers who were harmed by the negligence of their doctors, and we stand ready to help you and your family get the full and fair compensation you deserve. We've maintained longstanding partnerships with medical specialists, so whether you were a victim of pulmonology malpractice or other forms of medical malpractice, we can find the right expert to assist you.
At the Porter Law Group, we are committed to holding negligent pulmonologists accountable for the harm they cause and securing the best possible outcomes for our clients. Our attorneys have a deep understanding of the complex legal and medical issues involved in pulmonologist malpractice cases and will work tirelessly to build a strong case on your behalf.
If you or a loved one has been a victim of pulmonologist malpractice in New York, call us at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation and learn more about how we can assist you in your pursuit of justice and fair compensation.
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