Obstructive Lung Disease Lawsuits
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What Is Obstructive Lung Disease?
Obstructive lung disease is a term that is used to describe a group of medical conditions in which the lungs, breathing, and airway paths are affected. It is often caused by exposure to or inhalation of various substances, namely tobacco smoke, asbestos, and silica dust.
As the name suggests, obstructive lung disease involves an obstruction (blocking) of the various airways associated with breathing. This can make it difficult to breathe and can also affect oxygen levels in the body.
Are There Different Types of Obstructive Lung Diseases?
- There are three main types of obstructive lung disease:
- Bronchiectasis (irregular dilation of the bronchial tubes)
- Chronic Obstructive Pulmonary Disease (COPD)
While obstructive lung diseases often share many similar characteristics with COPD, COPD is itself a distinct disease with its own factors in terms of onset/symptoms. Obstructive lung disease is sometimes called Chronic Obstructive Lung Disease (COLD)
Is It Possible to Sue for Obstructive Lung Disease?
Obstructive lung disease is often caused by factors that make it possible to sue for damages. For instance, obstructive lung disease can sometimes be caused by faulty or defective products. It can sometimes be caused by exposure to substances in one’s living or working environment. This can be an issue when it comes to suing a property owner or suing an employer for work-related injuries. This is especially true for conditions such as occupational asthma due to exposure.
Legal Issues to Consider When Filing an Obstructive Lung Disease Case
Obstructive lung disease cases can often involve some highly technical legal concepts. For instance, most cases involve some form of negligence. This involves a showing that the defendant breached their duty of care to the plaintiff. It also requires proof and evidence that the party’s breach of duty was the direct cause of the lung disease.
This can often be difficult to prove, since there are many everyday factors that can contribute to the development of lung disease in general. Such cases often require the analysis of a lawyer as well as the input of an expert medical witness. These cases can sometimes take many months to resolve.
Do I Need a Lawyer for Help with Obstructive Lung Disease Lawsuits?
Like any medical lawsuit, obstructive lung disease claims can be subject to very strict laws and statutes. Some states enforce limits on the amount of damages that can be recovered; other states may classify certain lung-diseases under workers compensation laws. You may need to hire a personal injury attorney in your area if you need help understanding and applying your state laws. Also, if you need to file a claim and appear in court, your lawyer can provide you with legal representation during the process.
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Last Modified: 10-06-2014 12:49 PM PDT
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