Our Lawyers
Intubation error medical malpractice in Chicago
When you or a loved one enters a hospital or surgical setting, you trust that your medical team will provide the highest standard of care. Unfortunately, intubation errors — mistakes during the process of inserting a tube into a patient’s airway — can lead to serious injuries or even death. If you believe you or your family member has suffered harm because of an intubation error in Chicago, understanding your legal options is critical. In this comprehensive guide, we’ll walk you through the essentials of intubation error medical malpractice in Illinois, what causes these errors, your rights under state law, and how to seek justice.
Table of Contents
Understanding Intubation Errors and Their Impact
Intubation is a common but complex medical procedure performed in emergency rooms, operating rooms, and intensive care units throughout Chicago. This procedure involves inserting a flexible tube through the mouth or nose into the trachea, ensuring the patient can breathe during surgery or after trauma. Although routine in many cases, intubation carries risks, especially when it’s performed incorrectly.
Common intubation errors include improper placement of the tube, delay in intubation, using the wrong size tube, or causing trauma to the airway. These mistakes can lead to severe consequences such as brain damage from lack of oxygen, vocal cord injury, infections, collapsed lungs, or even wrongful death. For example, a misplaced tube might send air into the stomach instead of the lungs, depriving the patient of essential oxygen. In the fast-paced world of medicine, even brief moments of hypoxia (oxygen deprivation) can result in lifelong injuries.
Victims of intubation errors often face lengthy recoveries, significant medical costs, and emotional distress. In some cases, families are left mourning the loss of a loved one. If you or someone you know has suffered harm due to an intubation error, consulting a Chicago personal injury lawyer can be an essential first step to understanding your rights and options.
Causes of Intubation Errors in Chicago Hospitals
Why do intubation errors occur in hospitals renowned for their advanced medical care? Unfortunately, even in top facilities across Chicago, human error and systemic failures can lead to serious patient harm. Some of the most common causes of intubation errors include inadequate training, poor communication among medical staff, fatigue, and failure to follow established protocols.
For instance, in emergency situations, a rushed or inexperienced provider may make a preventable mistake, such as inserting the tube into the esophagus rather than the trachea. In other cases, communication breakdowns between doctors and nurses can result in delayed intubation or incorrect tube placement. Equipment malfunction or improper patient monitoring can also contribute to these errors.
Hospitals are required to have strict guidelines and checklists in place to minimize risks during intubation. Nevertheless, when these safeguards are ignored or protocols are skipped, patients are put in danger. It’s important for victims and families to recognize that these mistakes are not always “just accidents.” If negligence or carelessness played a role, you may have grounds for a medical malpractice claim.
If you suspect an intubation error was caused by negligence, reaching out to a medical malpractice lawyer can help clarify your situation and determine if the standard of care was breached.
Illinois Law and Medical Malpractice: Your Legal Rights
Illinois law provides clear guidelines when it comes to bringing a medical malpractice action. According to 735 ILCS 5/2-622, anyone filing a lawsuit for medical malpractice, including cases involving intubation errors, must first consult with a qualified health professional. This independent medical review determines whether there is reasonable cause to believe that malpractice occurred.
Moreover, lawsuits generally must be filed within two years from the date the injury is discovered or should have been discovered, but no later than four years from the date of the alleged malpractice. There are special rules for children and those under legal disability, allowing for additional time under certain circumstances.
Under these statutes, your attorney will gather medical records, consult with medical professionals experienced in airway management, and file both the initial complaint and a supporting affidavit. This process ensures only valid claims move forward. If you’re navigating the complexities of Illinois law, working alongside a medical malpractice attorney can make all the difference.
Illinois also recognizes situations where a hospital or provider fails to inform the patient of the risks and consequences of a procedure, which can be a basis for malpractice. In intubation error cases, lack of informed consent or failure to warn about potential complications may strengthen your claim.
How a Chicago Medical Malpractice Lawyer Can Help
Facing a medical injury can be overwhelming, especially when taking on hospitals or healthcare providers. A skilled Chicago medical malpractice lawyer can navigate the intricacies of Illinois law, conduct a thorough investigation, and build a compelling case on your behalf.
Your attorney’s first step is to review your medical records and consult with independent medical professionals to understand exactly what went wrong. This can involve reconstructing the intubation procedure, examining staff qualifications, and assessing whether proper protocols were in place. Your lawyer will also ensure compliance with Illinois’ affidavit requirements and deadlines, giving your case the best possible chance of success.
If the evidence supports negligence, the attorneys at Briskman Briskman & Greenberg will fight for compensation for your medical expenses, lost wages, pain and suffering, and any future care needs. Many cases are resolved through negotiation, but if necessary, your legal team will take your claim to court.
Victims and families often find it difficult to take on large hospitals or insurance companies alone. Having a dedicated legal advocate on your side can level the playing field and give you peace of mind during a stressful time. If you’re unsure about your next steps, don’t hesitate to contact a medical malpractice lawyer for a free consultation.
Steps to Take if You Suspect an Intubation Error
If you have reason to believe you or a loved one suffered harm due to an intubation error, taking prompt action is crucial. First, request a copy of your complete medical record, including charts, intubation notes, and post-procedure documentation. This information will be vital in any investigation.
Next, consider seeking a second opinion from an independent medical provider with experience in airway management. They can help identify whether the injuries sustained are consistent with improper intubation or associated complications. Document your symptoms, medical expenses, and any conversations with hospital staff.
Finally, reach out to a medical malpractice attorney who understands the complexities of intubation error claims in Illinois. An experienced legal team can help you understand your rights, gather crucial evidence, and take the necessary steps to secure justice for you and your family.
Acting quickly is essential, as Illinois’ statute of limitations imposes strict deadlines. Even if you’re not sure whether malpractice occurred, it’s wise to consult a legal professional who can evaluate your case without delay.
FAQs About Intubation Error Medical Malpractice in Chicago
What are the signs that an intubation error has occurred?
Signs of an intubation error may include difficulty breathing after the procedure, low oxygen levels, a sudden drop in blood pressure, voice changes, throat pain, or unexplained brain injury. Family members may notice the patient is unresponsive or experiencing new neurological symptoms. If you notice these signs, ask your medical team for an explanation and seek an independent evaluation.
How soon do I need to file a medical malpractice claim for an intubation error in Illinois?
Illinois law generally requires claims to be filed within two years of discovering the injury but no later than four years from when the malpractice occurred. For children or those with a legal disability, the time limits may differ. It is vital to act quickly and consult a medical malpractice lawyer to avoid missing critical deadlines.
Can I file a claim if my loved one died due to an intubation error?
Yes, if a loved one dies as a result of an intubation error, eligible family members may pursue a wrongful death claim. Compensation may include funeral costs, medical bills, loss of companionship, and other damages. Consulting with a Chicago medical malpractice lawyer will help you understand your options and guide you through the legal process.
What compensation is available for victims of intubation errors?
Victims of intubation errors may be entitled to compensation for medical expenses, lost income, pain and suffering, rehabilitation costs, and other damages related to the injury. In cases of severe disability or death, future care costs and loss of companionship may also be recoverable. Your attorney will work with medical and financial experts to calculate the full value of your claim.
Other Anesthesia Malpractice Resources
SEEN ON:
