What is Intubation?
Intubation is a critical medical procedure where healthcare providers insert a flexible tube into a patient trachea to maintain an open airway. Because the brain begins to die within 4-5 minutes without oxygen, any intubation mistake can result in catastrophic brain damage.
How Intubation Errors Lead to Brain Injury
In intensive care units, complications occur in 43.7% of intubation procedures, with 38.1% classified as severe.
Esophageal Intubation
When the tube is mistakenly inserted into the esophagus, no oxygen reaches the lungs. In 2022, Riverside County paid $12 million to a woman who suffered permanent brain damage from this error.
Delayed or Failed Intubation
Patients with more than two intubation attempts face dramatically increased risks: 70% experienced hypoxemia, and 11% suffered cardiac arrest. A 2023 Pennsylvania case settled for $14 million after a child died from multiple failed attempts.
Timeline of Brain Damage
| Time | What Happens | Outcomes |
|---|---|---|
| 1-2 min | Brain cells begin dying | Potential mild deficits |
| 4-5 min | Significant neuronal death | Moderate-severe impairment |
| 5-6 min | Irreversible damage | Severe disabilities |
| 10+ min | Extensive damage | Reduced recovery chance |
NY Medical Malpractice Laws
Statute of Limitations
Under NY CPLR §214-A, victims have 2.5 years (30 months) to file. For wrongful death, 2 years from death.
Notable Settlements
- $12M – CA 2022 – Esophageal intubation; permanent brain damage
- $14M – PA 2023 – Child died after failed attempts
- $35M – Child became quadriplegic
- $4.5M – Failed to recognize dislodged tube
Average payment: $2.5 million
FAQs
How long do I have to file in New York?
You have 2.5 years from malpractice date under NY CPLR §214-A. For wrongful death, 2 years from death. Contact an attorney immediately to protect your rights.
What is the difference between hypoxic and anoxic brain injury?
Hypoxic means reduced oxygen. Anoxic means no oxygen at all. Anoxic injuries are typically more severe. Esophageal intubation causes anoxic injury.
How much is an intubation brain injury case worth?
Average payments are $2.5M, but cases range widely. Recent settlements: $12M for esophageal intubation, $14M for child death, $35M for child quadriplegia. NY does not cap damages.
Do I need a medical expert?
Yes. NY law requires expert testimony to establish standard of care, prove breach, and show causation. Your attorney will arrange appropriate experts.
Can I sue if my loved one died?
Yes. NY allows wrongful death lawsuits with a 2-year deadline from death. Consult an attorney immediately.
Get Help
If you suffered brain damage from intubation error in NY, you may be entitled to compensation. Time is critical—you have only 2.5 years to file.
We connect victims with qualified NY attorneys at no cost. They work on contingency—you pay nothing unless you win.
