Intubation is often essential when a patient is in the midst of a medical emergency such as being unable to breathe on their own due to impaired respiratory abilities. Intubation might also be used before a patient undergoes surgery. The process of intubation is designed to allow the patient to receive sufficient oxygen but when a medical mistake is made while intubating a patient, the victim may suffer grave harm. Victims deserve compensation for their damages and this may be possible with help from a Schenectady intubation complications lawyer.

An experienced surgical malpractice attorney could understand the significant losses that victims of intubation complications endure both physically and financially. Whether an error was made due to medical negligence or the poor training of hospital staff, a lawyer could investigate your intubation injury and fight relentlessly to get the compensation you need and deserve for your injuries.

Types of Intubation Complications

When a mistake is made during the intubation process, the individual may be left facing severe and long-lasting injuries. Such injuries could include spinal injuries, asphyxia, pneumonia, and throat injuries. Victims may also endure lung, nerve, and vocal cord injuries due to improper intubation. The consequences of these injuries could last for the entirety of the victim’s lifetime.

Filing an Intubation Complications Lawsuit in Schenectady

According to New York Civil Practice Law & Rules § 214-A, a general statute of limitations of two years and six months applies to medical malpractice cases. However, this statutory deadline might be extended in certain circumstances which makes it vital to speak with a Schenectady intubation complications attorney to discuss the time limits applicable for filing a claim.

If a minor, under the age of 18, is injured by an intubation error, they have 10 years from the date of the mistake or two years and six months from their 18th birthday to commence a lawsuit (whichever date occurs earlier). Compliance with the statute of limitations is essential, as failure to start a lawsuit within the legal time limit could bar the injured party from ever pursuing any form of compensation.

Establishing Medical Negligence

To collect compensation in an intubation complications lawsuit, the injured individual must prove that the healthcare professional’s care fell beneath the accepted standard of care in the medical field. To establish medical negligence, an attorney and victim must demonstrate that:

  • The doctor had an established professional relationship with the patient, and accordingly owed the patient a duty of care.
  • The doctor diverged from their duty of care.
  • The doctor’s neglect of their duty injured the patient.
  • The patient’s injuries led to compensable damages.

An intubation complications attorney in Schenectady could consult with licensed medical experts and gather all available evidence needed to prove that the physician or other medical provider was negligent. A lawyer could work tirelessly to build a compelling case on the victim’s behalf and recover any damages they are owed.

Comparative Negligence and Legal Recovery

The state’s comparative negligence law might impact the amount of recovery or compensation a victim is entitled to if they are found partially at fault for their injuries (see N.Y. C.P.L.R. § 1411). While the victim may still achieve compensation even if they were partly negligent, their total compensation would be reduced proportionately based on their percentage of negligence.

Reach Out to a Schenectady Intubation Complications Attorney for Assistance

A Schenectady intubation complications attorney could help you understand the laws governing your potential claim and help you create a strategy that works for your case. It is important to speak with a qualified attorney as soon as you discover your injury as a delay to file a claim could impact your right to compensation. Schedule your introductory consultation and confidential case review today. An attorney could be the ally you need to help you find justice.