Intubation is a common medical procedure performed in emergency situations or during surgery to secure a patient’s airway. While it is often a life-saving intervention, errors during intubation can lead to severe injuries. These injuries may result from improper technique, failure to recognize complications, or negligence during the procedure. When an intubation injury occurs due to a healthcare provider’s failure to meet the standard of care, it may constitute medical malpractice.
If you or a loved one has suffered harm from an intubation error, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
What Are Common Intubation Injuries?
Intubation injuries can range from mild to severe, depending on the circumstances. Common injuries include damage to the throat, vocal cords, or trachea caused by improper placement or excessive force during the procedure. Patients may experience hoarseness, difficulty swallowing, or long-term voice changes.
More serious injuries include tracheal tears, esophageal perforations, or airway obstruction caused by misplacement of the tube. In some cases, improper intubation can lead to brain damage or death due to oxygen deprivation if the airway is not secured quickly and effectively. Aspiration pneumonia, caused by inhalation of fluids or foreign material during intubation, is another potential complication. These injuries can have long-term physical, emotional, and financial consequences for patients.
How Can Medical Negligence Lead to an Intubation Injury?
Medical negligence occurs when a healthcare provider fails to perform a procedure according to the accepted standard of care, resulting in harm to the patient. Intubation injuries can arise from a variety of negligent actions, such as inserting the tube incorrectly, using excessive force, or failing to monitor the patient for complications.
For example, if a provider misplaces the tube into the esophagus instead of the trachea and fails to recognize or correct the error promptly, the patient may suffer oxygen deprivation and associated injuries. Other examples of negligence include failing to properly assess a patient’s anatomy, using faulty equipment, or neglecting to monitor oxygen levels during the procedure. In each case, the provider’s failure to exercise reasonable care can result in preventable harm.
Can I File a Malpractice Claim for an Intubation Injury?
If you believe an intubation injury resulted from medical negligence, you may have grounds for a malpractice claim. To succeed in a claim, you must demonstrate the following elements:
- Duty of care: The healthcare provider owed you a duty of care as part of the provider-patient relationship.
- Breach of duty: The provider failed to meet the accepted standard of care during the intubation procedure.
- Causation: The provider’s negligence directly caused your injury.
- Damages: You suffered quantifiable harm, such as physical injuries, emotional distress, or financial losses.
An experienced medical malpractice attorney can help you gather evidence, consult medical experts, and build a strong case to prove these elements. Evidence may include medical records, witness statements, and expert testimony about the standard of care.
What Compensation Can Be Recovered in an Intubation Malpractice Claim?
Victims of intubation injuries caused by negligence may be entitled to compensation for both economic and non-economic damages. Economic damages include medical expenses for treating the injury, such as surgeries, hospital stays, and rehabilitation. If the injury results in lost wages or diminished earning capacity, these financial losses can also be claimed.
Non-economic damages address the pain and suffering caused by the injury, including physical discomfort, emotional distress, and reduced quality of life. Punitive damages may be awarded to punish the provider and deter similar behavior in cases involving severe negligence or gross misconduct. The amount of compensation depends on the severity of the injury and its impact on the victim’s life.
How Can an Attorney Help with an Intubation Malpractice Claim?
Filing a medical malpractice claim for an intubation injury is a complex process that requires a deep understanding of medical and legal standards. An experienced attorney can evaluate your case, identify instances of negligence, and work with medical experts to establish that the provider failed to meet the standard of care.
Your attorney will handle negotiations with the healthcare provider’s insurance company to pursue a fair settlement. If a settlement cannot be reached, they can represent you in court to seek the compensation you deserve. Having legal representation ensures that your rights are protected and that you have the best chance of recovering damages for the harm you have suffered.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in wrongful death medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.