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Liability of Skilled Nursing Facilities for Missed Breathing Tube Removal Understanding the Risks and Your Rights

Writer's picture: Adam FunkAdam Funk

Liability of Skilled Nursing Facilities for Missed Breathing Tube Removal

Understanding the Risks and Your Rights

Skilled nursing facilities (SNFs) play a crucial role in providing specialized care to individuals who require ongoing medical attention. However, even in these facilities, medical errors can occur, leading to severe consequences. One such error, the failure to detect the removal of a breathing tube, can have devastating outcomes. This blog post will explore the potential liability of SNFs in such cases and discuss the steps you can take if you or a loved one has been affected.

The Dangers of Missed Breathing Tube Removal

A breathing tube, also known as an endotracheal tube, is a medical device inserted into the trachea to assist with breathing. If a breathing tube is inadvertently removed without proper supervision, it can lead to:

  • Respiratory arrest: The inability to breathe, which can quickly become life-threatening.

  • Brain damage: Lack of oxygen to the brain can cause irreversible damage.

  • Death: In severe cases, missed breathing tube removal can result in death.

SNF Liability for Missed Breathing Tube Removal

SNFs have a legal and ethical duty to provide safe and effective care to their residents. When a facility fails to detect the removal of a breathing tube, it may be considered a breach of that duty. Potential grounds for liability include:

  • Negligence: If the SNF staff failed to exercise reasonable care in monitoring the resident's condition and ensuring the breathing tube remained in place, they may be liable for negligence.

  • Medical malpractice: Medical malpractice occurs when a healthcare provider, such as a nurse or physician, acts below the standard of care expected of a professional in that field. If the SNF's staff acted negligently in a manner that directly caused harm to the resident, it could constitute medical malpractice.

  • Corporate negligence: In some cases, SNFs may be held liable for corporate negligence if they failed to establish adequate policies and procedures to prevent such errors.

Factors Affecting Liability

Several factors can influence the potential liability of an SNF in cases of missed breathing tube removal:

  • Severity of the injury: The more severe the harm caused to the resident, the stronger the case for liability.

  • SNF's track record: A facility with a history of similar incidents may be more likely to be held liable.

  • Existence of policies and procedures: If the SNF had clear policies and procedures in place for monitoring residents and preventing breathing tube removal, but they were not followed, it may strengthen the case against the facility.

  • Expert testimony: Medical experts can provide valuable testimony to establish the standard of care and whether the SNF's actions fell below that standard.

Steps to Take If You or a Loved One Has Been Affected

If you or a loved one has been harmed due to a missed breathing tube removal at a skilled nursing facility, it is important to take the following steps:

  1. Seek medical attention: Ensure that the injured individual receives prompt medical care to address any immediate health concerns.

  2. Document the incident: Gather all relevant documentation, including medical records, incident reports, and witness statements.

  3. Consult with an attorney: A personal injury attorney can help you understand your legal rights and options. They can also assist in gathering evidence, negotiating with the SNF, and filing a lawsuit if necessary.

Conclusion

Missed breathing tube removal is a serious medical error that can have devastating consequences. While skilled nursing facilities strive to provide quality care, mistakes can happen. If you or a loved one has been affected by such an error, it is important to understand your rights and seek legal advice. By taking appropriate action, you may be able to obtain compensation for the harm caused and help prevent similar incidents from occurring in the future.

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