Generally when a diagnosis of Legionnaires’ disease (legionella) is made or an outbreak identified, the physician is required to notify the CDC. Nevertheless, it may be wise for you to also make a call to the CDC about the diagnosis so there is a record of the family notifying the CDC.
Legionnaires’ Disease:
Frequently Asked Questions
How can someone else be liable if I or my family member contracted Legionnaires’ disease?
No one is automatically liable just because someone contracted Legionnaires’ disease. Obviously. But, if the person or company didn’t properly monitor or maintain the water source from which the disease was contracted, then they could be liable.
Water sources used by the public need to have proper disinfectant and pH levels necessary to kill germs like legionella, the bacteria responsible for Legionnaires’ disease. For example, specific chlorine levels in public water sources have to be maintained, and checked regularly. If they weren’t, and an outbreak of legionella occurred, then a jury might properly find the water source wasn’t properly monitored and maintained.
Is filing suit quickly necessary once one suspects possible negligence associated with Legionnaires’ disease?
Filing before a statute of limitation deadline is crucial. Filing quickly, even if a deadline isn’t imminent, is usually important, but the most important thing is filing “smartly.”
The lawyer filing a suit based on Legionnaires’ disease should gather and review the key information before filing suit, to make sure that the filing is well crafted. Obviously, the pleadings need to accurately reflect the facts and law. But there are often a host of other strategic considerations that loom in the background.
In general, however, it’s usually smart to file a suit as soon as possible because many documents and company records can only be requested after filing a lawsuit, and getting key documents is always crucial in cases involving the question of how water supplies were maintained.
Will there be a need for experts on Legionnaires’ disease?
Yes, usually experts are a crucial component in establishing causation, as well as the significance of the illness, its future impact upon the family member. Learn more about the importance of expert opinions and witness testimony in a Legionnaires’ claim.
What are the costs associated with pursuing a Legionnaires’ disease case?
It is important to note that the plaintiff (or individual exposed) pays nothing out of pocket. Cases are typically handled on a contingency fee basis, where lawyer fees and costs come out of a settlement. That being said, pursuing a Legionnaires’ lawsuit can be expensive (for the attorney taking on the case). Gathering corporate documents promptly and efficiently is crucial, as is retaining reputable and experienced experts to help prove liability and damages. Cutting corners and doing things “on the cheap” isn’t a viable option in these kinds of cases.
What records and documents are important?
Unfortunately the most important records are the ones that are not available to you. In Legionnaires’ cases the company records are the most critical, and can only be obtained through subpoena or court order.
What is a Protective Order and why are they involved in a claim for Legionnaires’ disease?
Legionnaires’ disease claims will typically require the plaintiff’s attorney to get the defendant to produce highly sensitive documents during the discovery and investigation process. That, in turn, will sometimes require a protective order. The court ultimately makes that decision based on many factors.
Should I gather medical records?
Generally, that’s an unnecessary effort for you or your family to undertake. Focus on helping your family member who is sick, and don’t add to your already high level of stress. Once a lawyer is involved in the process a more complete request for medical records can, and should, be made.
Are photographs of the family member that is sick necessary?
The most important thing is for the patient to get rest and follow the doctor’s treatment recommendations. That said, if there are photographs that help folks understand, through visual evidence, the actual impact on the family member at the time then obviously those are helpful.
What are the symptoms of Legionnaires' disease?
Legionnaires’ disease often begins with flu-like symptoms that worsen over time. These symptoms can include:
- Early stage:
- Headache
- Muscle aches
- Fatigue
- Loss of appetite
- Low-grade fever
- As the illness progresses:
- High fever (often 104°F or higher)
- Cough (may be dry or produce phlegm)
- Shortness of breath
- Chest pain
- Chills
- Confusion or other mental changes
- Nausea, vomiting, and diarrhea
It’s important to note that these symptoms are similar to other types of pneumonia, so it’s crucial to seek medical attention if you experience them, especially if you may have been exposed to Legionella bacteria.
How is Legionnaires' disease diagnosed?
Diagnosing Legionnaires’ disease requires a combination of approaches:
- Physical Exam and Medical History: Your doctor will assess your symptoms, ask about potential exposure to Legionella bacteria (e.g., recent travel, stays in hotels or hospitals), and listen to your lungs.
- Chest X-ray: This imaging test helps identify pneumonia in the lungs.
- Laboratory Tests:
- Urine test: This can detect Legionella antigens, specific proteins from the bacteria.
- Sputum culture: A sample of coughed-up phlegm is tested for the presence of Legionella bacteria.
- Blood tests: These can check for signs of infection and organ function.
What is the treatment for Legionnaires' disease?
Legionnaires’ disease is treated with antibiotics. The specific type of antibiotic will depend on factors like the severity of the illness and the patient’s overall health.
- Antibiotics: These are crucial for fighting the bacterial infection. They may be administered intravenously (through an IV) in severe cases or orally (pills) for milder infections.
- Respiratory Support: If breathing becomes difficult, oxygen therapy or mechanical ventilation may be necessary.
- Supportive Care: This includes measures to manage fever, dehydration, and other complications.
Prompt treatment with antibiotics significantly improves the chances of recovery.
What is the prognosis for people who contract Legionnaires' disease?
The prognosis for Legionnaires’ disease varies depending on factors such as:
- Overall health: People with weakened immune systems, chronic lung conditions, or other underlying health issues are at higher risk for severe illness.
- Severity of the infection: Early diagnosis and treatment generally lead to a better outcome.
- Age: Older adults are more likely to experience complications.
With appropriate treatment, most people with Legionnaires’ disease recover fully, though it may take several weeks or months to regain complete strength. However, the disease can be fatal, especially in severe cases or if treatment is delayed. The mortality rate can range from 5% to 30%, depending on the factors mentioned above.
Contact The Legionnaires’ Lawyer today
If you or a loved one has contracted Legionnaires’ disease, you may be entitled to compensation.
We help victims nationally and charge nothing unless we recover damages on your behalf. Don’t wait! Contact me today for a free case evaluation by completing the form below or calling 1-866-508-5373.
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