Teeth chipped while being intubated.

[Proserpina]

ntuba

What is the name of your state (only U.S. law)?



I was taken to the Emergency Department at a local hospital because I had pneumonia.They intubated me to secure and protect my airway. i was in the ICU for 25 days and was placed into a Coma and they had intubated me during the 25 days also. After I woke up in the ICU I noticed that they had broke off most of three of my teeth and one of them was a tooth that had a root canal done in the past.. These are my front bottom teeth. AS a result now I am extremely sensitive to hot and cold foods and liquids and my teeth look really bad. I am disabled and do not have any dental insurance. I have been to the dentist and he has said that i would have to have root canals on all three teeth, ( because there is not enough tooth surface left) and then crowns. Around 4500.00 worth of dental work. I really want to get my teeth fixed and I feel that the hospital should be held responsible for what they did.

I did bring this to the attention of the hospital after I was discharged, and they said that this sometimes happens when you are placed into a coma and on a ventilator. They offered me nothing. Just a" Oh Well ".. Anyone have any advice or comments ? This happened almost 5 years ago and i don't know, but pretty sure that it is to late to file a claim agaist the hospital. I Live in North Carolina.

You should really start your own thread - but essentially, the hospital is correct.

Dental trauma is a well-known complication of intubation.

 

[Zigner]

I would suggest you start your own thread. It is rude to necropost and also rude to hijack.

 

[LAWMED]

Damage to teeth during airway management is the single most frequently paid malpractice claim in anesthesia according to the Anesthesia Closed Claim Project which tracks paid malpractice claims in anesthesia. Unless it can be proven dentition was poor and contributory, such claims are generally paid with little fuss by insurance carriers. While it is a known complication, it is hard to defend that a chipped tooth was not the fault of the provider.

That said, the statute of limitations in Ohio is 1 year, which passed long ago. As a result you can no longer seek compensation.

 

[proud_parent]

Damage to teeth during airway management is the single most frequently paid malpractice claim in anesthesia according to the Anesthesia Closed Claim Project which tracks paid malpractice claims in anesthesia. Unless it can be proven dentition was poor and contributory, such claims are generally paid with little fuss by insurance carriers. While it is a known complication, it is hard to defend that a chipped tooth was not the fault of the provider.

That said, the statute of limitations in Ohio is 1 year, which passed long ago. As a result you can no longer seek compensation.

There is no indication that the OP is still seeking compensation. Another poster has hijacked this old thread.

 

[LAWMED]

There is no indication that the OP is still seeking compensation. Another poster has hijacked this old thread.

Rats...my bad...wasn't paying attention. I amend my response:

Damage to teeth during airway management is the single most frequently paid malpractice claim in anesthesia according to the Anesthesia Closed Claim Project which tracks paid malpractice claims in anesthesia. Unless it can be proven dentition was poor and contributory, such claims are generally paid with little fuss by insurance carriers. While it is a known complication, it is hard to defend that a chipped tooth was not the fault of the provider.

That said, the statute of limitations in North Carolina is 1 year from discovery of injury and you say it has been 5. As a result you can no longer seek compensation.

 

[Dereks1]

Sorry about your tooth and your suicide attempt.

Health care in the U.S. has been that the margins are now small. Hospitals run at a loss or tiny profit. Insurance companies and Medicare pay low enough just to cover expenses of the doctor and hospital.

This is unlike tires, where the profit margin can be 33%. With that amount, they can offer a guarantee since they know that only 2% of tires come back.

If the profit margin is 1-2%, you can't be offered a guarantee. There is nothing magical about guarantees. It's mostly statistics.

 

[996ttelise]

I would argue and have argued as defense attorney that chipped teeth occur during intubation even when there is compliance or adherence to the applicable standard of care. Whether that argument would win in your state, in front of your judge perhaps more importantly, depends on a litany of factors which I cannot address in a vacuum. Some states will require an expert to opine that there has been a deviation. Regardless of the circumstances, one has the right to receive appropriate medical care. Check with a lawyer in your state and one who more importantly knows what judges are inclined to do in your state. A costs versus damages analysis will likely be employed. Medical suits are extremely expensive and under many policies, doctors have the right to approve a settlement which they are generally very reluctant to do. This result is long costly battles that are extremely expensive to maintain so many legitimate medical deviations are never addressed in the court system due to economic reality. The cost of an expert may exceed likely damages in a chipped tooth. Medical experts commonly charge 400 to 800 an hour depending on field and are required in many states even prior to filing a lawsuit.

 

[justalayman]

I would argue and have argued as defense attorney that chipped teeth occur during intubation even when there is compliance or adherence to the applicable standard of care. Whether that argument would win in your sta

I would argue that posting to a thread that is over 2 years old is just the sign of a person lacking sensibility.

Since you claim to be a lawyer and you advertise via your contact information, if you have not already contacted the administration, you need to. They prefer to vet all posters claiming to be attorneys.

 

[996ttelise]

I would argue that posting to a thread that is over 2 years old is just the sign of a person lacking sensibility.

Since you claim to be a lawyer and you advertise via your contact information, if you have not already contacted the administration, you need to. They prefer to vet all posters claiming to be attorneys.

Wow. Didn't realize as last four or five post were very recent and I am not very forum savvy. While I may not be forum savvy, I do have a fair amount of legal experiencing.

 

[FlyingRon]

Wow. Didn't realize as last four or five post were very recent and I am not very forum savvy. While I may not be forum savvy, I do have a fair amount of legal experiencing.

So are you or are you not a lawyer? I'm not sure what "legal experiencing" is.

 

[Antigone*]

So are you or are you not a lawyer? I'm not sure what "legal experiencing" is.

He claims to have been on several cases...

I've asked the admin to verify whether or not he is actually an attorney. We don't need another loose cannon around.

 

[996ttelise]

So are you or are you not a lawyer? I'm not sure what "legal experiencing" is.

Typing from iPhone. Sorry for typo. Here is my "legal experience.". Don't mind sharing.

Lawyer. Commenced career clerking 1 year for ct appeal and 3+ years clerking for supreme court justice. Spent 10 years primarily representing nursing homes, hospitals, doctors, lawyers and accountants, though medical was primary. Regional counsel for AIG, CNA Health Pro, Lloyds of London. General counsel to includes nursing home chains such Beverly, Tara, Kindred, Manor Health Care, Tennessee Health Care Management, American Health Care, and counsel to Provident. Spent several years in other side suing health care facilities and handling class action litigation cases. Hit some decent class actions 35 mil range, changed gears, moved to beach, do consulting and of counsel work for med mal and nursing home mal and focusing on being an agent and wealth adviser to athletes and entertainers at this juncture.

 

[voiceofreason99]

Speaking of rudeness and arrogance...

Frist off I am grateful but they still made a mistake. I have never chipped anyones teeth during intubation. Not because I dont want to get sued or be liable for damages, or furthermore hurt anyone, but because I did it properly. Chipped teeth are not a side effect of intubatiion. It is an error resulting for improper intubation.

I only asked because I wanted to know. I am being pressured by peers and co workers. I was only looking for an answer or suggestion not ridicule or rude responses.

The question of how much nerve I as the OP had to even ask this isnt any different then the nerve that the responses of the rude and arrogant responders,

It's not rude or arrogant to suggest that you are just looking for a check from somebody who saved your life and that you should therefore be ashamed of yourself. What's arrogant is to claim you've never done any tooth damage while intubating patients as an EMT. How can you be certain? Have you performed dental exams on every one of these patients? The simple fact of the matter is studies repeatedly demonstrate upwards of 20% of intubations result in tooth damage. Having tooth damage doesn't mean somebody did something wrong that harmed you. In fact, it's rude and arrogant to assume somebody did you wrong when they saved your life.

By the way, maybe you should grow up and stop giving into "pressure" from others. Either that, or cut out your passive-aggressiveness altogether. I seriously doubt a bunch of "peers and co-workers" are pressuring you to sue somebody for this: More than likely, you're just making that up because you know what you're doing is wrong and want to deflect the criticism. Even if true, the appropriate response is to simply be a professional and educate them: After all, you're an EMT, and you know the facts about tooth damage and intubation.

 

[voiceofreason99]

Risk of intubation

ntuba

What is the name of your state (only U.S. law)?



I was taken to the Emergency Department at a local hospital because I had pneumonia.They intubated me to secure and protect my airway. i was in the ICU for 25 days and was placed into a Coma and they had intubated me during the 25 days also. After I woke up in the ICU I noticed that they had broke off most of three of my teeth and one of them was a tooth that had a root canal done in the past.. These are my front bottom teeth. AS a result now I am extremely sensitive to hot and cold foods and liquids and my teeth look really bad. I am disabled and do not have any dental insurance. I have been to the dentist and he has said that i would have to have root canals on all three teeth, ( because there is not enough tooth surface left) and then crowns. Around 4500.00 worth of dental work. I really want to get my teeth fixed and I feel that the hospital should be held responsible for what they did.

I did bring this to the attention of the hospital after I was discharged, and they said that this sometimes happens when you are placed into a coma and on a ventilator. They offered me nothing. Just a" Oh Well ".. Anyone have any advice or comments ? This happened almost 5 years ago and i don't know, but pretty sure that it is to late to file a claim agaist the hospital. I Live in North Carolina.

There's nothing to sue about: That's a well-established risk of intubation. Prior work on your teeth significantly increases the risk of damage during intubation. It's not the hospital's fault.

 

[Silverplum]

The original poster (OP) asked the question/s in 2008.

Someone else revived it (we call it "necropoting") in 2011.

I wouldn't worry about any of it.