What to Know About Medical Malpractice Caused by Intubation Errors

Intubation is a common medical procedure. When intubating a patient, medical professionals insert a tube, called an endotracheal tube, into the patient’s trachea (airway). The tube helps to keep the airway open for oxygen delivery and removal of carbon dioxide when the patient is unable to breathe on their own for some reason.

Patients may be intubated when they cannot breathe adequately on their own and need a ventilator, such as if they are suffering from severe cases of pneumonia, COVID, or other serious respiratory conditions. Intubation is also used to ensure controlled breathing when a patient is under anesthesia for surgery.

Patients with an obstructed airway due to trauma, choking, anaphylaxis or tumors may also be intubated, as may patients who have stopped breathing or have insufficient oxygen exchange due to a heart attack or stroke. Intubation can help to keep a patient alive, but when intubation errors happen, serious and sometimes permanent injuries can happen, and the patient or their family may have a claim for medical malpractice. Here’s what you need to know about medical malpractice caused by intubation errors.

Intubation Errors and Malpractice

Although intubation is performed on many patients every day in hospitals across the country, those performing the delicate procedure can still make mistakes. Common intubation errors include:

• Placing the tracheal tube in the esophagus rather than the trachea, leading to inadequate oxygen delivery and potential brain damage or cardiac arrest
• Inserting the tube too far, so that it only enters the right bronchus and ventilates only the right lung
• Using improper technique or excessive force to insert the tube, leading to throat injury or injury to the vocal cords or trachea
• Failing to adequately sedate or temporarily paralyze a patient, causing discomfort, movement, or failure of the intubation
• Using a defective tube or failing to properly secure the tube, causing displacement of the tube or inadequate ventilation of the patient
• Overinflating a tube cuff, creating a fistula (abnormal passage) between the trachea and esophagus
• In patients with a full stomach, failing to protect the airway and allowing aspiration of vomit into the lungs
• When multiple attempts to intubate the patient are needed, failing to oxygenate the patient between attempts, which can cause hypoxia (oxygen deprivation) and brain damage or cardiac arrest

Any one of these errors can turn a procedure from life-saving to life-changing, and potentially life-ending. In many cases, medical malpractice from intubation errors could have been avoided with a combination of proper training, monitoring for signs of airway trauma, and careful technique.

Complications of Intubation Errors

Some injuries from intubation errors may be relatively minor, such as throat irritation, coughing, and hoarseness. These may resolve on their own or with minimal management. It is usually not worth filing a medical malpractice claim for these minor injuries (though if you have any doubt, you should at least discuss the matter with a medical malpractice attorney).

Unfortunately, not all complications are so easily dealt with; some of the more serious complications associated with medical malpractice caused by intubation errors include:

• Cognitive impairment or memory loss from oxygen deprivation
• Vegetative state due to oxygen deprivation
• Death due to oxygen deprivation
• Chronic aspiration and lung damage
• Vocal cord damage and voice changes
• Narrowing of the trachea (stenosis)
• Weakening of the tracheal walls
• Fistula between the trachea and esophagus
• Scarring of the region below the vocal cords
• Swallowing difficulties
• Recurrent pneumonia
• Psychological trauma from insufficient sedation and memory of the procedure

These complications may require corrective surgery or ongoing care for an indefinite period; in some cases, the damage to the patient is permanent. A medical malpractice claim can provide financial relief and access to care.

In those cases where intubation errors cause the patient’s death, there is, of course, no way to adequately compensate a family for their loss. A monetary award in a medical malpractice case can provide the family with some financial security, and it is the best tool our court system has to right the wrong, even if it cannot take away their loss.

How Common are Complications from Intubation?

It’s important to remember that not all complications from intubation are the result of intubation errors. That said, the rate of complications in intubation is quite high. It is much higher in the Intensive Care Unit (ICU), where intubations are often performed in crisis situations rather than the controlled conditions of an operating room. However, intubation errors and complications can happen in any setting where intubation takes place.

According to the National Institutes of Health, complications from intubations in the ICU are seen in approximately 40%-45% of patients, including severe oxygen deprivation in 9%-25% of patients.

What to Do if You Have Suffered an Intubation Error

Because of the nature of intubation and sedation, you may not be certain that the complications you are experiencing are due to an intubation error. You should not assume that they were not. If you did experience medical malpractice caused by intubation errors, you have only a limited period of time in which to make a claim. If you fail to do so, your claim will be forever barred and you will be left to bear the financial consequences of your injury on your own.

If you suspect medical malpractice from intubation errors, you should immediately contact an experienced medical malpractice attorney. An attorney who regularly practices in this complex area will be able to investigate your injury, evaluate the strength of your claim, and advocate for a recovery on your behalf.

Work with an Experienced Oregon Medical Malpractice Attorney

To learn more about medical malpractice caused by intubation errors, or to discuss your situation, contact the Fraser Law Firm today to schedule a complimentary consultation.