Medical Malpractice, Doctor Mistakes, & Surgical Errors in VA

Medical Malpractice Lawyer Virginia Beach

When a serious medical situation arises, patients sometimes need to undergo ventilation procedures to survive or recover. Patients who require this type of breathing aid usually undergo a procedure known as intubation. During intubation, a medical professional will insert a length of tube into the patient’s airway and then attach it to a ventilator. The process of intubating a patient is fraught with complications where even the tiniest mistake can lead to severe and potentially life-threatening injuries, as well as long-term health issues.

If you feel your intubation injury was the result of negligence or carelessness by healthcare professionals, the Virginia Beach medical malpractice lawyers at Shapiro, Washburn & Sharp can review the facts of your case and determine if a medical error or negligence was committed.

With over a century of combined experience handling medical malpractice cases, our personal injury law firm has successfully recovered millions for patients injured due to medical malpractice and negligence. Call us today to schedule a free consultation.

What Qualifies as Negligent Intubation?

During surgeries and medical emergencies, doctors, anesthesiologists, surgeons, and nurse anesthetists often need to ensure that their patients are able to receive continuous oxygen. While do so typically requires intubation, a routine procedure, the process is complex. Life-threatening complications can quickly arise due to the malpractice or negligence of healthcare professionals aiding in or performing a patient intubation.

Intubation is an invasive procedure. If the professional conducting the procedure has limited experience, the odds of patient injury drastically increase. Although some cases present unique challenges, most intubation errors stem from malpractice. Although the body can survive for multiple days without food or water, it needs a consistent supply of oxygen. Without ample oxygen intake, irreversible brain damage or death can occur in a matter of minutes. Common negligent intubation injuries include:

Insufficient monitoring: Inadequate monitoring of the patient’s vital signs during and post-intubation could lead to a delayed diagnosis of certain medical complications such as respiratory distress, heart problems, and hypoxia.
Delayed intubation: This occurs when a medical professional fails to quickly intubate a patient during an emergency where oxygenation is vital and often results in brain damage.
Esophageal intubation: Esophageal intubation takes place when the breathing tube is mistakenly placed into the esophagus. This error can result in poor oxygenation and ventilation. It also increases the risk of the patient developing gastric complications.
Improper sedation: Improper paralysis or sedation during the intubation procedure can lead to resistance during the insertion of the breathing tube, patient discomfort, airway damage, and psychological trauma.
Aspiration of stomach contents: This serious complication can happen when the contents of the patient’s stomach are able to enter the lungs or trachea during intubation, as the patient usually vomits during the process. Aspiration greatly increases the risk of both pneumonia and death.
Equipment failure: If the equipment used during intubation is improperly calibrated and/or monitored and it fails during a medical procedure, it can lead to brain damage, insufficient oxygenation, and even death.
Mainstem bronchus intubation: Mainstem bronchus intubation occurs when the tube is erroneously positioned in one of the mainstem bronchi rather than the trachea. This placement of the breathing tube can result in unequal ventilation and increases the odds of one of the patient’s lungs overinflating.
Improper cuff inflation: If the patient’s endotracheal cuff is under or overinflated, it can lead to numerous complications, like stiffening of the trachea, inadequate ventilation, and even necrosis if the overinflated cuff is obstructing the flow of blood and placing excess pressure on the throat.
Tissue damage to nearby areas: Improper technique and undue force during the intubation procedure can damage the patient’s gums, teeth, vocal cords, mouth, esophagus, and other structures in their upper airway.

What Long-Term Complications are Associated With Intubation Errors?

Intubation errors can lead to long-lasting and even permanent health issues for injured patients. Based on the severity and manner of the injury, affected patients could develop:

Vocal changes: If their vocal cords are damaged during intubation, the patient’s voice might change in its range, quality, and pitch. This will affect communication along with professional elements of the patient’s life. These injuries often require speech therapy.
Persistent breathing problems: If the respiratory system is damaged during intubation, the patient may experience decreased lung capacity and persistent trouble breathing. The patient may find daily activities a struggle and have a hard time maintaining their usual way of life.
Dysphagia: Damage to the esophagus caused by improper intubation can cause difficulty swallowing, also known as dysphagia. This condition makes it difficult to drink and eat and is accompanied by an increased danger of choking. In extreme cases, the injured patient might be unable to obtain proper nutrition.
Pulmonary fibrosis: Protracted exposure to mechanical ventilation can result in scarred lung tissue, known as pulmonary fibrosis. This condition may threaten lung function and is often accompanied by low tolerance for physical activity, difficulty breathing, and persistent coughing.
Post-traumatic stress disorder: Intubation errors are traumatic for patients, particularly if the error involves insufficient pain medicine or sedation. This can cause post-traumatic stress disorder, wherein affected patients experience intrusive thoughts, persistent nightmares, and long-term anxiety. To fully overcome PTSD, patients require ongoing mental health support.

Can I File a Medical Malpractice Claim for an Intubation Error?

However they happen, intubation errors are capable of causing a great deal of harm. If you sustained an injury caused by an intubation error, you may be entitled to receive financial compensation via a medical malpractice claim, and an experienced Virginia Beach medical negligence lawyer can help.

To prove that malpractice occurred, the patient must prove that:

The doctor and patient had a working relationship,
The professional violated the medical standard of care,
The violation was the immediate cause of the patient’s injury.

It is worth mentioning that simply making a mistake does not automatically make a medical professional guilty of malpractice. Malpractice takes place when a doctor or other healthcare professional causes harm to a patient by deviating from the current medical standard of care, a legal phrase that refers to the degree of competence a medical professional in the same field would have exercised in a similar situation.

Who Is Liable for Intubation Malpractice?

Failing to adhere to emergency airway management guidelines, such as failing to appraise the anatomical structures surrounding the patient’s airway to ensure that intubation will not lead to any complications, and a lack of effective communication between medical staff can lead to serious injuries.

In hospitals, liability for intubation malpractice commonly falls on the anesthesiologist. In emergencies, however, nurses, EMTs, doctors, and surgeons are often called upon to perform intubations and could, therefore, be held liable for injuries. Determining responsibility for a patient’s injury or death, as well as the apportionment of fault, will hinge on the specific facts of each individual case. Where intubation errors are concerned, it is not unusual for multiple healthcare professionals to be held liable.

All We Do Is Injury Law

Addressing medical problems caused by intubation errors can cost a family tens of millions of dollars over the course of a lifetime. Partnering with a reputable Virginia Beach medical malpractice firm will help ensure you receive the financial compensation you need for the challenges that lie ahead.

The Virginia Beach medical malpractice lawyers at Shapiro, Washburn & Sharp have more than 10 decades of combined legal experience handling cases of intubation malpractice. Verdicts and settlements from cases we have handled have made it possible for our clients to properly care for their loved ones, such as the $1.5 million settlement we achieved for the family of a 58-year-old man who died during hip replacement surgery.

If you suspect your injuries are due to medical malpractice, contact us by calling (833) 997-1774 or by filling out our online contact form to schedule a free case review. Our offices serve clients throughout Virginia Beach, Hampton, Norfolk, and Portsmouth.

When Does an Intubation Injury Constitute Medical Malpractice?