The Centers for Disease Control and Prevention report that 15 million Americans have been diagnosed with COPD, and that chronic lower respiratory disease, which primarily includes COPD, was the third leading cause of death in the United States.

Smoking is the most common cause of COPD. Twenty-five percent of COPD patients, however, have never smoked.

Failure or delays in diagnosing COPD, as well as misdiagnoses of COPD and mistakes in treating COPD, can lead to litigation.

Attorneys, physicians, hospitals, insurers, employers, and other potential parties to the litigation should be aware of the types of lawsuits and liability issues that arise in connection with the diagnosis and treatment of COPD.

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.   

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.

How much have juries awarded and what settlements have been reached recently in cases involving COPD?

This section provides detailed medical information on COPD, the terminology used, the distinctions among respiratory diseases, smoking and other causes, the symptoms, diagnosis, treatment, and complications. It also discusses the COPD sufferer’s prognosis, impairment evaluation, and ability to work.  

Provided is a listing of law and medical resources for further information on COPD.