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10-28-2008, 05:09 PM
| | Junior Member | | Join Date: Feb 2005 Location: Ohio
Posts: 15
| | | Teeth chipped while being intubated. What is the name of your state (only U.S. law)?
OHIO
On August 25th 2008 I was taken to the Emergency Department at a local hospital because I attempted suicide. I drank an awful lot of alcohol and took several different pills including some narcotics.
While in the ER I started to go in and out of conciousness and as a protective measure they intubated me to secure and protect my airway. After waking up in the ICU I noticed that they had chipped off part of one of my tooth and gouged one of the other. The one with the chip is on my top front tooth and the one that is gouged is my lower front tooth. AS a result now I am extremely sensitive to hot and cold foods and liquids and my teeth hurt.
I happen to work as an emt for the same health care network that the hospital belongs to , and I dont want to lose my job but I really want my teeth fixed and I feel that they should be held responsible for what they did.
I was talking to one of the nurses who, prior to being transferred to ICU took care of me that night. She told me that I should review my medical records and possibly consult an attorney.
I personally know since I am an EMT, that while intubating in the pre-hospital setting you are never ever to apply pressure to or use the teeth as a fulcrum. Furthermore I would think that in a difinitive care setting that the standards would be upheld even higher than in the field, and obviously this, or some similar action had taken place otherwise I wouldnt have wkoen up with chipped teeth.
I just want to get them fixed and feel they should pay for the dental repair but my Paramedic instructor advisesd me that I should try to also recover damages.
Any suggestions?What is the name of your state (only U.S. law)? | 
10-28-2008, 05:24 PM
| | Member | | Join Date: Feb 2003
Posts: 800
| | | I don't know the legal answer to your question, but I think I'd be overwhelmingly grateful that my life was saved. | 
10-28-2008, 07:46 PM
| | Member | | Join Date: Jun 2007 Location: flying city
Posts: 830
| | | I know the answer and any EMT involved in intubation should know that the risk of chipping or breaking teeth is a significant risk of the procedure. The risk of damage to the teeth is increased when the patient is intoxicated or under the influence of another substance.
rudy14,
Pay for your own dental repair. You owe the person who saved your life, not the other way around.
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10-28-2008, 08:36 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,722
| | | Could not agree more. Someone didn't intubate you WRONG, it's just a "side effect". Your teeth were not, and should not have been, the treating physician's primary concern. Keeping you alive was the most important thing. I hope your psychiatrist can explain this to you better (yes that is a hint). | 
10-28-2008, 09:21 PM
| | Member | | Join Date: Jul 2007
Posts: 944
| | | Not to sound cold, but that was an intentional act. Insurance shouldn't have to cover your care. You're lucky you only have to pay for the teeth!
__________________ --"When the stock market crashed, Franklin Roosevelt got on the television and didn't just talk about the princes of greed," Biden told Couric. "He said, 'Look, here's what happened.'" - Vice Presidential candidate, Joe Biden
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10-28-2008, 11:53 PM
| | Member | | Join Date: Apr 2005 Location: Southern Ca.
Posts: 659
| | | good samaritan laws Quote:
Originally Posted by rudy14 What is the name of your state (only U.S. law)?
OHIO
On August 25th 2008 I was taken to the Emergency Department at a local hospital because I attempted suicide. I drank an awful lot of alcohol and took several different pills including some narcotics.
While in the ER I started to go in and out of conciousness and as a protective measure they intubated me to secure and protect my airway. After waking up in the ICU I noticed that they had chipped off part of one of my tooth and gouged one of the other. The one with the chip is on my top front tooth and the one that is gouged is my lower front tooth. AS a result now I am extremely sensitive to hot and cold foods and liquids and my teeth hurt.
I happen to work as an emt for the same health care network that the hospital belongs to , and I dont want to lose my job but I really want my teeth fixed and I feel that they should be held responsible for what they did.
I was talking to one of the nurses who, prior to being transferred to ICU took care of me that night. She told me that I should review my medical records and possibly consult an attorney.
I personally know since I am an EMT, that while intubating in the pre-hospital setting you are never ever to apply pressure to or use the teeth as a fulcrum. Furthermore I would think that in a difinitive care setting that the standards would be upheld even higher than in the field, and obviously this, or some similar action had taken place otherwise I wouldnt have wkoen up with chipped teeth.
I just want to get them fixed and feel they should pay for the dental repair but my Paramedic instructor advisesd me that I should try to also recover damages.
Any suggestions?What is the name of your state (only U.S. law)? | I was just wondering how the Good Samaritan laws would be applied in a case where a person is on the brink of death, and suffered minor injuries by those attempting to save the person's life.
It is sort of like CPR. If one watches actual CPR there is the distinct possiblity that ribs may be fractured in the process. One doesn't get to sue for the fractured ribs. | 
10-29-2008, 12:03 AM
| | Member | | Join Date: May 2008 Location: Montana
Posts: 224
| | Quote: |
I was just wondering how the Good Samaritan laws would be applied in a case where a person is on the brink of death, and suffered minor injuries by those attempting to save the person's life.
| That's exactly what Good Samaritan laws are for; they protect bystanders from liability when they choose to help a person who is ill or injured. The law is in place for people who are not obligated to help in an emergency situation, so it generally does not apply to medical professionals and emergency responders.
As a side note, OP has a LOT of nerve even considering this. | 
10-29-2008, 02:49 PM
| | Junior Member | | Join Date: Feb 2005 Location: Ohio
Posts: 15
| | | 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, | 
10-29-2008, 03:40 PM
| | Member | | Join Date: Jun 2008 Location: Richmond, Va
Posts: 366
| | Quote:
Originally Posted by barry1817 I was just wondering how the Good Samaritan laws would be applied in a case where a person is on the brink of death, and suffered minor injuries by those attempting to save the person's life.
It is sort of like CPR. If one watches actual CPR there is the distinct possiblity that ribs may be fractured in the process. One doesn't get to sue for the fractured ribs. | Performing CPR correctly will usually result in broken ribs. The trade off is that the person can remain alive... and I think that trumps any broken/bruised/cracked/fractured areas of the body. I find it appalling that somebody attempted to commit suicide, had somebody save them, had a couple of teeth CHIPPED, and now wants to sue for dental work. It's simply disgusting.
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Last edited by ReformedMan; 10-29-2008 at 03:46 PM.
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10-29-2008, 03:48 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 13,097
| | Quote:
Originally Posted by ReformedMan Performing CPR correctly will usually result in broken ribs. The trade off is that the person can remain alive... and I think that trumps any broken/bruised/cracked/fractured areas of the body. I find it appalling that somebody attempted to commit suicide, had somebody save them, had a couple of teeth CHIPPED, and now wants to sue for dental work. It's simply disgusting. | I'd like to cosign this, please, and save myself some typing.
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10-29-2008, 03:50 PM
| | Member | | Join Date: Jun 2008 Location: Richmond, Va
Posts: 366
| | Quote:
Originally Posted by Silverplum I'd like to cosign this, please, and save myself some typing. | I would be honored to have you as a co-signer! 
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10-29-2008, 05:43 PM
| | Member | | Join Date: Jan 2006
Posts: 274
| | | I agree with the above posters that you should be grateful to have your life. Hopefully you have gotten the help that you need since suicide attempts are extremely serious.
First, you might have a difficult airway. In that case, it's very possilbe the person intubating you had problems. In that case, it's not unheard of to chip teeth during inubation.
There are other causes for a chipped tooth besides intubation. Did you have the ETT in for a prolonged time? Sometimes people bite down pretty hard on them and in the midst chip their own teeth. Maybe while you were trying to kill yourself you fell and chipped your own tooth. How could one prove that neither of these things happened? | 
10-29-2008, 06:01 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 13,097
| | Quote:
Originally Posted by ReformedMan I would be honored to have you as a co-signer!  |  You're the writer: the honor is mine to hitch a ride on your words! 
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." Ford, at The Other Place | 
10-29-2008, 07:57 PM
| | Member | | Join Date: Jul 2008
Posts: 375
| | | Kind of ironic how you go from "I want to die" to "Oh my god, My tooth!". The only thing you should be worried about here is your liver more than your teeth. | |
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