People who have implanted port catheters should be aware of their legal entitlements in the instance that something goes wrong. Always contact a port catheter attorney in Kansas City if you feel you may be entitled to compensation for a complication you suffered as a result of your port.
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Ask a Port Catheter Attorney in Kansas City: Can I Sue If My Port Catheter Gets Infected?
You may be able to sue if your port catheter gets infected. Contact an attorney so they can help you with your case. Port catheters are generally safe implants, and they shouldn’t get infected easily, as the device is buried beneath your skin. Read this page to learn more about the different issues you can have with a port-a-cath.
One reason you may end up with an infected port is that the port-a-cath is faulty. Therefore, the port manufacturers may be held liable if yours gets infected. A doctor who implanted the port incorrectly can also be liable, but this is rarer than it being a problem on the manufacturer’s end.
What Will Happen If My Port Gets Infected?
First and most importantly, port-a-cath infections must be treated, and you’ll need to get yourself back in good health. Once you’ve recovered, or at least feel well enough during your recovery, you should contact a port catheter lawyer for advice.
Your attorney may request an investigation be done to find out why the infection occurred in the first place. Determining whether or not the port-a-cath was faulty will be a big part of the investigation. If it’s determined there was an issue with it, then you can pursue compensation from the manufacturers.
What Can I Be Compensated for If My Port-a-Cath Gets Infected?
1. Medical Expenses
The cost of getting the original port-a-cath implanted may be covered when you seek compensation. You’ll also be compensated for replacing the port, clearing up the infection, dealing with any medical consequences of the infection, and any further treatment that’s needed as a result of the infection.
2. Missed Work
You may be able to be compensated for any time you had to take off work while the infection was being treated. If you need to take further time off in the future due to the long-term effects of a severe infection, then you may be able to be compensated for this, too.
3. Emotional Distress
Infections, depending on the severity, can cause minor emotional distress or severe emotional suffering. You can be awarded damages based on your emotional distress, and how much you can win varies depending on the severity of the infection and how much it impacted your life while you were ill and for the foreseeable future.
How Can a Port Catheter Attorney Help Me?
1. Determining the Cause of the Infection
Your medical team will be the ones to spend time examining the site, evaluating what type of infection you had, and using their medical expertise to try and determine the likely cause.
Your attorney may have a relevant expert examine the catheter used in you to determine whether or not it was manufactured poorly or was sold as part of a faulty batch. Your attorney can also look into the company to see if they have a history of selling potentially faulty port catheters and more. Essentially, your attorney will investigate to find out who’s liable.
2. Gathering Evidence
Once your attorney has investigated, they’ll gather up evidence and present it to the party liable for the cause of the infection. They’ll also need to gather evidence of the distress this caused you, the medical issues that were caused by the infection, and so on.
3. Negotiating with the Insurance Company
Your attorney will calculate a sum that should adequately cover your damages. They’ll do this based on your financial and emotional damages. There are formulas to calculate emotional damages that can be applied in your case. They’ll then let the insurance company know how much you wish to claim in compensation, and the insurance company will make an offer.
Insurance companies rarely pay out the full value of your claim without a little negotiation first. Your attorney knows this and is prepared to deal with any negotiations necessary to help you win your case.
4. Defending You in Court
It’s highly unlikely that you’ll have to take your case to court, but if you do, then your attorney will be by your side to help present evidence and win over the judge and jury. Make sure your attorney has plenty of courtroom experience, just in case this is necessary.
Port-a-cath manufacturers can be held liable if your port becomes infected, depending on the cause of the infection. Speak to an attorney, allow them to investigate however necessary, and pursue damages from the party liable for the cause of your infection.