A Breath of Relief: Ethen Ostroff Law's ARDS Attorneys

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Acute respiratory distress syndrome (ARDS) is a serious condition that impacts thousands of people every year. ARDS can be triggered by a wide range of factors, like chest injuries, inhaling toxic fumes, or severe pneumonia. Unfortunately, sometimes it’s also linked to medical errors like untreated infections or mismanaged health conditions. In these instances, the breathing challenges or need for life support are not what make it so difficult. It’s knowing that ARDS could have been avoided. If you or a loved one has experienced ARDS and suspect medical negligence was involved, it’s important to take a closer look. Uncovering the truth is an important step toward accountability and closure. At Ethen Ostroff Law, our ARDS attorneys can review your case and help you figure out the best next steps. Contact us for a free consultation about your ARDS lawsuit.

What Is ARDS?

Acute respiratory distress syndrome, or ARDS, is a serious lung condition that lowers the oxygen levels in your blood. It happens when fluid builds up in the tiny air sacs in your lungs, making it harder for oxygen to get into your bloodstream. Affecting anyone at any age, ARDS is a life-threatening situation that needs immediate attention.

So, how does ARDS develop? Normally, your lungs have tiny air sacs called alveoli that fill with oxygen when you breathe. But with ARDS, these sacs fill with fluid instead of oxygen, which means the oxygen can’t reach your blood or organs properly. This makes it harder to breathe, causing major health complications.

ARDS can develop quickly—usually within hours or up to two days after an injury or illness that triggers it. This makes it a medical emergency. For those affected by ARDS, the consequences can be severe. The mortality rate for mild ARDS is about 27%, but it jumps to nearly 45% in severe cases.

ARDS can leave lasting effects on your health. Dealing with the recovery can be physically and emotionally tough. Even if a person survives ARDS, the road ahead can still be difficult. Many survivors experience long-term respiratory problems and other complications that last long after the immediate danger has passed.

How Does ARDS Develop, and Who Is at Risk?

ARDS can develop quickly due to health issues, external factors, or medical errors. It’s a serious condition that can be triggered by various complications or environmental factors. Here are some common triggers of ARDS:

  • Severe infection in the bloodstream (sepsis), which can lead to lung damage 
  • Severe pneumonia that affects several parts of the lungs 
  • Physical trauma from accidents like car crashes or falls that injure the lungs 
  • Aspiration from inhaling food, vomit, or other substances into the lungs 
  • COVID-19 infection, which can cause serious lung injury 
  • Burns or massive blood transfusions, which can lead to lung inflammation 
  • Drug overdose that harms lung function or slows breathing 
  • Chemical exposure, like inhaling smoke or toxic fumes 
  • Pancreatitis, which causes inflammation that affects lung health

Some people are more at risk of developing ARDS due to factors like age, pre-existing health conditions, and lifestyle choices. These risk factors include:

  • Older age, as the body’s ability to recover decreases with age 
  • Chronic conditions like diabetes, liver disease, or obesity 
  • Lifestyle habits, like smoking or heavy drinking, which damage the lungs 
  • Genetic factors, which can increase susceptibility to ARDS

Understanding these triggers and risk factors can help with prevention and early treatment.

What Are the Most Common Symptoms of Acute Respiratory Distress Syndrome?

ARDS often shows up in people who are critically ill or hospitalized. However, it can also happen to those who’ve experienced major injuries, like blunt force trauma. Symptoms usually show up quickly—often within hours or a couple of days after the triggering event. Some common signs to watch for include:

  • Struggling with severe shortness of breath 
  • Breathing rapidly and shallowly 
  • Noticing bluish lips or fingertips due to low oxygen levels 
  • Experiencing a fast, pounding heartbeat 
  • Dealing with a persistent, worsening cough 
  • Feeling chest pain or pressure, especially when breathing deeply or coughing 
  • Struggling with confusion, dizziness, or overwhelming fatigue 
  • Running a fever, particularly if there’s an underlying infection 
  • Breaking out in cold sweats and noticing clammy skin 
  • Suffering from headaches or lightheadedness 
  • Having unusually low blood pressure

What Are the Complications Associated with ARDS?

Getting through ARDS is only part of the journey. The condition can bring a host of challenges, not just during the initial crisis but long after recovery. Many patients end up on ventilators to survive, and even if they pull through, ARDS often leaves lasting marks on their health and overall well-being. Let’s break down some of the immediate and long-term complications tied to ARDS:

What can happen right away:

  • Increased pressure in the lungs’ arteries (pulmonary hypertension), making it harder for oxygen to circulate. 
  • Higher chances of infections, like ventilator-associated pneumonia. 
  • Blood clots caused by long periods of immobility. 
  • Collapsed lung (pneumothorax) due to air leaks from mechanical ventilation. 
  • Partial lung collapse (atelectasis), which makes breathing and recovery harder.

What can linger long after ARDS:

  • Scarring in the lungs (pulmonary fibrosis), reducing flexibility and oxygen flow. 
  • Ongoing breathing problems, fatigue, and limited lung capacity. 
  • Memory and concentration issues from long ICU stays or low oxygen levels. 
  • Emotional struggles, like anxiety, depression, or PTSD. 
  • Weak muscles from extended bed rest, making daily tasks more challenging. 
  • A reduced quality of life from dealing with these lasting effects.

Recovering from ARDS takes more than time, requiring attention to physical and emotional health.

How Is ARDS Diagnosed?

Diagnosing ARDS means looking at your medical history, checking your symptoms, and doing a few tests. Since ARDS shares symptoms with other conditions like pneumonia or heart failure, it’s important to get the diagnosis right to start the best treatment. Here’s how doctors do it:

  • Doctors usually start by reviewing your medical history and checking for common ARDS signs like trouble breathing, rapid breathing, or low oxygen levels. 
  • During a physical exam, they’ll listen to your lungs for unusual sounds, like crackling, which can mean there’s fluid in your lungs. 
  • Imaging tests like X-rays or CT scans help spot fluid buildup in the lungs, which is a key sign of ARDS. 
  • They’ll also monitor your blood oxygen levels closely since low oxygen is a major indicator of the condition. 
  • Doctors might run extra tests, like an echocardiogram, to rule out other conditions like heart failure that have similar symptoms.

A fast and accurate diagnosis is crucial to starting treatment immediately. If ARDS is suspected, get medical attention right away.

How Is ARDS Treated?

Treating ARDS focuses on supporting breathing and helping the lungs heal. While there’s no cure, treatments aim to manage symptoms and prevent further damage. ARDS can worsen in the days after diagnosis, so quick and effective care is essential. Here’s how ARDS is typically treated:

  • Providing oxygen through a ventilator with a tube inserted into the windpipe. 
  • Positioning patients face-down (prone) to improve oxygen levels. 
  • Using medications or sedatives to keep patients calm and reduce lung strain. 
  • Managing fluids carefully to remove excess while avoiding complications. 
  • Using ECMO (extracorporeal membrane oxygenation) to oxygenate blood outside the body in severe cases.

Each approach is tailored to the patient’s needs, with close monitoring to ensure the best possible outcomes.

How Much Does ARDS Treatment Cost?

Treating ARDS is expensive due to the need for intensive care, mechanical ventilation, and prolonged hospital stays, with total costs often exceeding $69,000 per patient and significant long-term expenses for survivors.

What Is Life Expectancy With ARDS?

With timely treatment, 60% to 75% of ARDS patients survive, but long-term outcomes vary, with many facing ongoing health risks and a mortality rate of up to 41% within a year after discharge. Survival depends on factors like the severity of ARDS, underlying health conditions, and age, with some patients experiencing lasting effects on lung function and quality of life.

What Is the Prognosis for Someone With ARDS?

The outlook for ARDS depends on how severe it is and the person’s overall health. Hospital mortality rates are typically between 30% and 46%, but survival chances are improving with better treatments. While many people recover, some may deal with lasting issues like trouble breathing or memory problems, especially if they’re older or have other health conditions.

How Medical Negligence Can Lead to ARDS

Healthcare professionals are expected to provide care that follows established standards, and patients trust them. But when they make mistakes, it can lead to serious problems, like ARDS. Medical negligence happens when a healthcare provider doesn’t act as a competent professional should in the same situation. If this causes a patient to develop ARDS, it could lead to a medical malpractice claim, where the patient can seek compensation for the harm they’ve suffered.

Examples of Medical Negligence Leading to ARDS

Medical negligence can lead to ARDS in different ways, affecting people of all ages. Here are some examples of how mistakes in care can cause ARDS:

  • Failing to follow proper infection control measures, leading to hospital-acquired infections like pneumonia 
  • Errors during blood transfusions, like giving the wrong blood type or not monitoring for reactions 
  • Surgical mistakes, like mismanaging blood loss or complications from anesthesia 
  • Medication errors, including giving the wrong doses or not recognizing dangerous drug interactions 
  • Not monitoring high-risk patients closely enough to catch early signs of ARDS 
  • Overlooking pre-existing conditions like obesity, smoking, or chronic lung diseases, which increase the risk of ARDS 
  • Failing to manage patients at risk for aspiration, such as not positioning them properly during feeding.

These lapses in care can contribute to the development of ARDS, and in some cases, legal action may be pursued if negligence is found. 

What Is an ARDS Lawsuit?

An ARDS lawsuit is a lawsuit related to ARDS due to medical negligence. It typically involves claims that a healthcare provider’s actions or omissions directly led to the patient’s development of ARDS.

Legal Claims in ARDS Lawsuits

If ARDS results from medical negligence, legal claims may arise. Here are potential claims that could be made:

  • Medical malpractice due to failure to meet care standards 
  • Failure to diagnose ARDS in a timely manner 
  • Failure to properly monitor high-risk patients 
  • Inadequate informed consent about risks leading to ARDS 
  • Failure to prevent infections like pneumonia 
  • Product liability if defective medical equipment causes ARDS 
  • Negligent drug administration or incorrect dosages.

These claims can help patients seek compensation for the harm caused by negligence. Consulting an ARDS lawyer is crucial for understanding your legal options.

Proving Medical Negligence in ARDS Cases

If you think ARDS was caused by medical negligence, it’s important to consult an ARDS attorney Philadelphia PA who can evaluate your case and its chances of success. Here’s what’s needed to prove negligence:

  • Doctor-patient relationship: (patient sought care; healthcare provider agreed to treat) 
  • Standard of care: (care given matched what a competent professional would provide in similar circumstances) 
  • Deviation from the standard: (provider’s actions or inactions were below expected care standards) 
  • Causation: (direct link between negligence and development of ARDS or other harm) 
  • Damages: (tangible damages like medical bills, lost wages, pain, or disability due to negligence)

These elements are key in proving a case of medical negligence. ARDS lawyers can help navigate through them effectively.

Compensation for ARDS Malpractice Claims

Filing an ARDS lawsuit doesn’t guarantee a specific outcome, but it does offer victims of medical negligence the chance to seek compensation for the impact of ARDS. Here’s a breakdown of the compensation that can be pursued:

  • Coverage for ARDS treatment, hospital stays, surgeries, medications, and ongoing care 
  • Compensation for past and future income loss due to ARDS-related work limitations 
  • Damages for the mental and emotional impact of ARDS 
  • Compensation for physical pain and emotional distress caused by ARDS 
  • Financial support for adapting to life with long-term or permanent disability from ARDS 
  • Damages for the loss of companionship and support after the victim’s passing 
  • Punitive damages, though rare, awarded for egregious actions meant to punish the defendant 
  • Compensation for funeral and burial expenses in wrongful death cases

Do I Need an ARDS Lawyer?

If you believe medical negligence caused your ARDS, having a lawyer who understands these cases can be helpful. They can assess whether you have a case, gather the necessary evidence, and navigate the legal process for you. Going through legal steps while recovering from ARDS can be stressful but an ARDS lawyer can manage the details, letting you focus on your recovery.

Ethen Ostroff Law's ARDS Attorneys

At Ethen Ostroff Law, our ARDS attorneys have years of experience handling medical malpractice cases and understand the serious impact these conditions can have. We know that doctors and healthcare providers have a responsibility to prevent harm. We use that knowledge to build a strong ARDS lawsuit for your compensation, like medical costs, lost wages, and long-term care needs. When medical professionals or facilities try to avoid responsibility, it’s crucial to have ARDS attorneys who will fight for your rights. Our team will gather the evidence needed and advocate for you—without charging fees unless we win your case.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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