COPD stands for “chronic obstructive pulmonary disease”. COPD is typically marked by prolonged or chronic restriction of the airflow while breathing. COPD is often present in many lung disease illnesses such as bronchitis or upper respiratory infections.
COPD is a type of lung disease that a person develops over a long period of time, like emphysema, refractory asthma, and chronic bronchitis. It makes it very difficult for a person to breathe and involves four stages, which are discussed in detail below.
The condition is sometimes called “chronic obstructive lung disease” or COLD for short. Some physicians also call it COAD (chronic obstructive airway disease). The condition is often progressive and tends to worsen over time if left unchecked or untreated.
What Are Some Symptoms of COPD?
Symptoms of COPD typically include:
- Difficulty breathing;
- Shortness of breath, especially during physical activities;
- Coughing or wheezing, such as the presence of a high-pitched whistling sound when breathing;
- Excessive mucus production in the lungs;
- Chest tightness;
- A chronic or persistent cough that may produce mucus;
- Frequent respiratory infections;
- An overall lack of energy;
- Swelling in the ankles, feet, or legs; and/or
- Unintended weight loss, which is more common in later stages of COPD.
Although COPD is a progressive disease, with proper management, most people with COPD can achieve good symptom control and maintain a decent quality of life. Further, because COPD is most often caused by outer pollutant factors, such as air pollution, tobacco smoke, and exposure to certain chemicals, individuals can often reduce their chances of developing COPD in many cases.
Can I Claim Damages for Chronic Obstructive Pulmonary Disease Injuries?
In short, it depends, there are many cases in which an individual may have a claim for damages related to their COPD. In many cases, an individual’s Chronic Obstructive Pulmonary Disease may be traced back to an exposure to harmful substances, such as workplace chemicals.
In such cases where an individual can link their injuries back to a specific party, such as a work-related injury, then they may then seek to hold that party responsible by filing a civil personal injury claim against them based on the injury laws of their state.
As such, If you were exposed to dangerous levels of chemicals by a business or third party that should have been or were made aware of the risk of exposure, then you may seek to initiate a negligence claim against the responsible party.
Importantly, in order for an injured party, known as a plaintiff, to be successful in recovering compensatory damages in their negligence claim and holding an employer liable for on-the-job injuries, they must prove all of the necessary elements of negligence, including:
- The Defendant Owed a Legal Duty Of Care: In cases involving COPD, a plaintiff will need to prove that the third party or their employer had a duty not to expose them to chemicals that could result in COPD;
- The Legal Duty was Breached: Duty is generally determined based on the reasonable person standard, which considers how a reasonable party would have acted in the same circumstances.
- For instance, a plaintiff can prove that another company in a similar situation would have exercised more care in order to avoid exposing people to occupational hazards that lead to COPD developing;
- The Breach of Duty Caused Harm: A plaintiff will also need to prove that the breach of legal duty was the direct or proximate cause of their harm; and
- There Was an Actual Harm Suffered: This involves a plaintiff proving that they suffered a particular harm because of the defendant’s actions, which is usually done by providing evidence of their damages, such as hospital bills.
Importantly, if you were exposed to hazards at your workplace, then you may be able to file a workers’ compensation claim. Additionally, if the hazards that led to you developing COPD also affected a large number of individuals, then you may be able to bring or join a collective personal injury claim, known as a class action lawsuit.
Examples of other common lawsuits related to COPD include:
- Product Liability Lawsuits: If a person’s COPD is linked to a specific defective product, such as defective respiratory equipment, then they may file a products liability lawsuit against the manufacturer or distributor.
- Generally, in order to prove product liability, a plaintiff needs to prove the following:
- The product was defective upon being manufactured;
- The product’s manufacturer, seller, or distributor intended for the product to reach the plaintiff without any changes being made through the process; and
- The plaintiff and/or their property was injured in some way by the product;
- Medical Malpractice: If medical negligence led to an individual’s COPD, such as a physician or other medical professional misdiagnosing or giving them improper treatment, then they may initiate a medical malpractice claim against the responsible party.
- The exact laws concerning medical malpractice will differ by state, but, in general, medical malpractice occurs when a medical professional, such as a pharmacist, doctor, and/or a healthcare organization, falls below the standard duty of care that is required of them when they are managing, diagnosing, and/or treating a patient; or
- Environmental Exposure: If a person was exposed to harmful substances in their environment, such as asbestos, that led to them developing COPD, then they might have a case against responsible parties, such as the property owners.
What Benefits Can I Claim If I Have COPD?
In general, in a medical malpractice case involving injuries related to the development of COPD, the legal remedies granted by the judge or jury will typically consist of a compensatory damages award, which is paid by the party responsible for the victim’s injuries.
Additionally, in cases where a product defect is involved, legal remedies may also include product recalls and/or a class action lawsuit being initiated by the group of people who are alleging they were harmed by the product.
A damage award is a specific monetary amount that is intended to reimburse the injured person. Examples of common damage claims that are included in a COPD injury claim include, but is not limited to:
- Medical expenses, including the cost of stay and treatments performed on the plaintiff during their hospital stay;
- Treatments that are necessary to treat the manifestation of COPD, including any necessary future treatments;
- Lost wages or lost earning capacity if the COPD led to job loss; and/or
Pharmaceutical costs if the individual has to take prescription medication as a result of their COPD.
As far as benefits that an individual that has developed COPD may claim, they may be able to claim the following benefits:
- Disability Benefits: Individuals with COPD may be eligible to claim Social Security Disability Insurance (SSDI) if they worked and paid Social Security taxes or Supplemental Security Income (SSI), which is a needs-based program for low-income individuals with disabilities, if they qualify based on their income and resources.
- Workers’ Compensation: Once again, if an individual’s COPD is work-related, they may be entitled to workers’ compensation benefits, such as disability, medical expenses, and lost wages.
- Veterans Benefits: Veterans with COPD may qualify for benefits through the Department of Veterans Affairs (“VA”), including disability compensation, health care, and vocational rehabilitation.
- Health Insurance Benefits: If an individual requires supplemental oxygen, their health insurance may cover the costs of home oxygen equipment and supplies, as well as prescription drug costs; and/or
- Tax Credits and Deductions: Many jurisdictions offer tax credits or deductions for individuals with chronic illnesses such as COPD.
Do I Need a Lawyer?
If you have developed COPD and believe that it is the result of the actions or inactions of another party, then it is in your best interests to consult with an experienced personal injury lawyer. An experienced personal injury lawyer that specializes in COPD will be able to help you determine the party that may be held responsible for your injuries. Additionally, an attorney will also be able to help you gather the necessary evidence to prove your civil claim.
Further, an attorney will also be able to help you find and enlist the services of an expert witness, if expert witness testimony is necessary in your lawsuit. Finally, an attorney will be able to assist you with initiating a civil lawsuit, as well as representing you in court, as needed.
