(845) 802-0047Intubation is a common and sometimes necessary procedure for patients who are having a procedure or surgery while under anesthesia. Even though intubation is usually performed safely, when performed negligently, intubation could cause severe complications or even death.
When an intubation injury occurs because of the mistake or reckless actions of a medical professional, the patient and their family members may be able to hold them accountable with the counsel of a seasoned surgical errors lawyer. A seasoned Hudson Valley intubation complications lawyer could help them learn about their rights and determine what their next steps should be.
Types of Hudson Valley Intubation Complications
Intubation can be used to provide breathing assistance to patients in a variety of situations by maintaining an open airway and is often used in hospitals, emergency rooms, or by first responders. Medical professionals insert a soft plastic tube into the windpipe of the patient to help them breathe. If not performed correctly, patients might experience coma, infections, traumatic brain injuries, internal bleeding, heart arrhythmias, and even death.
What Are Some Causes of Intubation Complications?
Causes of these complications include:
- Unnecessarily delayed intubation
- Incorrectly placing the tube in the esophagus
- Puncturing tissues with the tubing;
- Accidentally removing or disconnecting the tubing
- Tube over-inflation
A Hudson Valley intubation complications lawyer could help determine if a valid claim exists, and what the cause of the injuries was. Determining whether or not a victim has a strong claim, and calculating damages is just one of the benefits of hiring a lawyer.
Certificate of Merit Requirement for Intubation Complications Lawsuits
Malpractice plaintiffs in Hudson Valley must comply with certain procedural rules when filing their complaint. According to New York Civil Practice & Law Rules § 3012-a, the attorney for the plaintiff must file a certificate of merit along with the complaint. With this certificate, the attorney declares that they either consulted with another doctor in the same field, and they concurred that a valid case exists, or that they attempted to contact three separate experts for their opinion, but were unable to do so.
What if They Cannot Get a Certificate of Merit?
If the attorney for the plaintiff is unable to meet the requirements for the certificate of merit before the statute of limitations expires, the law allows a 90-day extension to obtain the certificate. If after the 90-day extension the attorney is unable to meet with a physician, they must declare on the certificate that they made three separate good faith attempts to meet with three different physicians but could not get one to agree to a consultation. No matter how many liable parties are involved in the lawsuit, the lawyer only needs to file one certificate of merit.
Help from a Knowledgeable Hudson Valley Intubation Complications Attorney
Intubation complication lawsuits are often more complex than other types of injury litigation. However, you could receive the help you need to pursue your legal claim by hiring a Hudson Valley intubation complications lawyer. After you retain a New York medical malpractice attorney, they could help investigate the circumstances of the malpractice, collect evidence, guide you through the case process, and represent you in settlement negotiations or trial.
If you are ready to commence legal action against the negligent medical professionals who caused your injuries, contact an attorney today to schedule a consultation.