Individuals who have been involved in accidents may have suffered serious injuries to the head and neck, and they may require assistance breathing. Additionally, individuals suffering from COVID-19 or similar problems may not be able to get the air they need. In either case, a ventilator could be sparse or already in use. It is also possible that the windpipe was damaged or blocked in the incident. As a result, doctors and surgeons will need to intubate to save a patient’s life and get him breathing again. Unfortunately, there are some situations in which intubation errors occur. If you want to know more about a doctor’s or hospital’s liability for death or injury caused by incorrect intubation or any intubation error, contact our law firm, Normandie Law Firm, for more information.
Intubation Injuries
Intubation is the process of opening a patient’s trachea to allow him or her to breathe properly. It may happen if the windpipe is blocked, if the patient cannot breathe on his own, if he is seizing, and more. The intubation involves making a small incision at the throat and inserting a plastic tube into the windpipe. It is generally considered a lifesaving procedure and can allow patients to freely breathe while doctors focus on the other damages, such as treating bodily traumas.
In some cases, though, a doctor can make an error during intubation which can lead to death. If the incision is too large or if the trachea is actually obstructed instead of facilitated, the patient may not be able to breathe at all. In a hurry, a doctor can overlook this issue, resulting in complications and issues. Failed intubation or incorrect intubation is potentially life threatening. It is also crucial that intubation is only performed by experienced doctors, and never by anyone who is an intern or resident.
How to Sue for Intubation Malpractice
To file an intubation malpractice lawsuit, you must establish that the doctor, surgeon, nurse, or other medical professional at the hospital was negligent in some manner. Medical malpractice claims have four points of negligence you must establish as true. They are as follows:
- You were directly involved in a doctor/patient relationship with the medical professional (bear in mind that emergency situations do not require consent from a patient to establish the relationship)
- The medical professional breached his duty of care in some manner
- The breach of duty resulted in an error or some form of malpractice, a mistake in judgment, or something similar
- The incident led to actual physical injuries suffered by the patient
Medical malpractice lawsuits require the presence of another group of medical professionals to testify. This group will say whether or not the actions of the doctor were justifiable or negligent. The collective must agree that they would not have acted in the same manner as the doctor in question if they would have been the ones performing the surgery. They would have taken different actions that would not have resulted in malpractice.
To file your intubation malpractice claim, you will need adequate proof on your side in addition to the testimony of these medical professionals. You should get all the medical receipts from the treatment, doctor’s and nurse’s notes, medical charts, MRI results, CT scans, medication, prescriptions, and more. This will help highlight the extent of your injuries and will show what kind of treatment you were given that required you to be intubated.
It is important that you take pictures of the damages you suffered from the intubation error. This will be beneficial as physical evidence, especially if your injuries heal quickly.
There may have been eyewitnesses who can testify that the doctor made an error. You may also have family members who can provide their testimonies that you were injured after being intubated
Once you have gathered enough proof, you should reach out to a skilled intubation malpractice lawyer who can handle your medical malpractice claim for you. If you have never taken legal action before, you may not be able to proceed very far. Our expert attorneys will deal with all the necessary details of your case while you focus on recovering from the injuries.
Our Recent Verdicts and Settlements
$295,000
$250,000
$1.5 Million
$1.1 Million
$734,851
$460,000
Average Value of an Intubation Malpractice Lawsuit
Generally, the average value of a case cannot be accurately determined because each case is different. Some lawsuits may only result in less than $10,000 in damages, while others can be worth well over $200,000. The circumstances surrounding your case will be considered to come up with the value of it.
One tactic that you can use to determine what your case may be worth is to research other claims and see how much was awarded to the victims. If they were in similar situations, you may be given similar awards. However, there is no guarantee that you will be given this amount of compensation. It will largely be up to your attorney to negotiate a fair deal for you and ensure that you receive max coverage.
Statute of Limitations to File a Medical Malpractice Lawsuit
In California, there is a statute of limitations of one year or three years to file a claim for medical malpractice. If you discovered the injuries to yourself upon leaving the hospital at any point up to one year after the procedure, you must file a claim no later than one year later. It is important that you take action as quickly as possible so that all your evidence is preserved.
If more than one year passed with no knowledge of the injuries, you will then have three years from the date of the surgery to take legal action.
If the three year deadline then passes by and you have still not filed a claim, you will not be able to file a medical malpractice claim. The statute of limitations ensures that claims are handled quickly and do not give either party a distinct advantage.
In some situations, you may be able to have the statute of limitations temporarily suspended or extended. This may occur if the victim is underage at the time of the surgery. These individuals can then wait until they turn legal age of 18 years old before suing. It is also possible that the plaintiff was left incapacitated. This would let the statute be placed on hold until he returns to health and awareness. Further, the doctor may have left the state. If this occurred, the statute of limitations would not count down until he returns to California.
Many individuals fail to win the compensation they deserve because they are unaware of the statute of limitations. It is important that you act quickly and get legal help so that you do not pass any deadlines. If you come to our firm, we promise that your intubation malpractice lawsuit will be handled on time.
Restitution from an Intubation Malpractice Lawsuit
Our law firm will work hard to secure you fair compensation for your damages. If the doctor can be blamed for the injuries and subsequent debts, he should be held liable for the injuries and expenses. The insurance agent handling the case will look at the extent of the injuries you suffered, how extensive they were, their effect on your life and career, and more. An intubation injury could lead to various complications in the future and other health problems if they are not addressed immediately. It is highly unlikely that you could be held partially responsible for the incident, since you were likely under anesthesia or incapacitated at the time of the surgery. After measuring your case, the insurance agent will then make an offer. Our job will be to negotiate a fair deal for you. We will pursue damages that include the following:
- Medical bills for surgery fees, hospitalization, medication and prescription drugs, specialist fees, X-rays and MRIs, physical therapy or rehabilitation for damages, future medical bills from additional treatments, and more
- Lost wages if you were unable to return to work, whether in the past or future, which may include bonuses, commissions, benefits, tips , and more
- Property damage if any personal items of yours were damaged or lost in the incident
- Pain and suffering damages for fear, emotional scarring, anxiety, PTSD, psychological trauma, and other forms of mental damages
- Wrongful death damages if a loved one or family member died due to the doctor’s failure during the surgery, which can include pre-death medical bills, pre-death pain and suffering, funeral and burial expenses, and much more
- Punitive damages if the responsible party acted with gross negligence or the intent to cause harm, but these damages are often viewed as excessive and are difficult to win, so only a skilled lawyer will be able to secure them for you
In medical malpractice cases, there is an upper cap on pain and suffering damages. You will only be able to earn up to $250,000 in compensation. On the other hand, there is not a cap on the amount of expenses from medical bills, nor any other form of damages. If you need more assistance, feel free to reach out to one of our expert intubation malpractice lawyers at the Downtown LA Law Group.
Second Opinion on Medical Malpractice Cases
Sometimes, injured victims will pursue legal help from the first attorney they find. They may not check to see if the attorney has any experience in medical malpractice claims. As a result, many victims become dissatisfied with the case results or the treatment by the attorney. Our law firm offers free second opinions to all individuals who were hurt and want to make sure their current representative is working hard. You should make sure to speak with an intubation malpractice lawyer if you were injured, and we are here to help you. Our law firm has served numerous victims across the State of California, including those in Los Angeles, San Diego, San Bernardino, Ventura, Fresno, San Francisco, Oakland, the Bay Area, San Jose, and more.
Our Expert Attorneys
Normandie Law Firm has numerous success stories involving intubation malpractice claims. Our expert attorneys have years of experience in such areas of the law, and we have won hundreds of millions of dollars in restitution for victims. We promise to work hard to win you every cent you deserve. For a free legal consultation, call our law offices any time. We will look over your case and answer all of your questions.
If you wish to hire us for our legal services, we will grant you our zero fee guarantee. This means you pay nothing out of pocket – we will cover all of the case’s costs ourselves, and if we win, our fees are covered by a portion of the settlement awarded by the hospital. If we lose, we take no money at all, and you don’t owe us anything.
To file a lawsuit for intubation malpractice and to learn more about the average value of an intubation malpractice lawsuit, get in touch with the Normandie Law Firm today.
Other Pages on Our Website Related to This Topic
Hysterectomy Medical Malpractice Lawyer
Ectopic Pregnancy Malpractice Lawyer
Cancer Misdiagnosis Medical Malpractice Lawyer
