Latest News 2013 September Medical Malpractice Settlement Involving Misplaced Breathing Tube

Medical Malpractice Settlement Involving Misplaced Breathing Tube

As reported by the Lake Wylie Pilot a medical malpractice lawsuit has been settled and the family of a woman that died, due to two misplaced breathing tubes inserted during a routine out-patient surgery, will be paid $2.2 million.

E.D. died during a pacemaker implantation surgery at Piedmont Medical Center, PMC, over three years ago. The procedure was slated to last a few hours and she was supposed to be able to return home the same day.

According to the family's lawsuit, during the surgery doctors inserted a breathing tube improperly, twice, and failed to monitor her oxygen levels.

Along with PMC, other medial groups affiliates, and the cardiologist that performed the surgery, Dr. V.P., have agreed to pay the $2.2 million settlement.

This is the second medical malpractice suit settled by PMC in 2013. In the first the medical center paid a $2.3 million settlement.

Amy Faulkenberry, the spokeswoman for PMC, said that E.D.'s case was not a usual one for them and the hospital was not at liberty to discuss any of the specifics of the case.

T.G., E.D.'s niece and personal representative of her estate, commented, "Not a day goes by that I don't think about it. A simple mistake can cost someone their life – and I don't want another family to go through what I've been through."

On February 10, 2010, E.D., 68, was scheduled to have the minor – an overnight stay is not always suggested – surgical procedure. The suit states that E.D. "walked into Piedmont that day expecting to be home by dinner. She ended up in the morgue."

According to the suit, due to a failure by the medical center to properly monitor E.D. and take precautions, E.D. died during the surgery.

There were allegedly two circumstances during the surgery where E.D. had dangerously low oxygen levels. Anything less than 90 percent is considered a "significant problem" and E.D.'s oxygen levels lowered to 80 percent the first time.

It took the surgical team four minutes before reacting, according to the suit.

The first breathing tube was placed into E.D.'s esophagus, instead of her trachea, so it did not lead air into her lungs. The surgical team noticed the problem and used a bag to ventilate her and raise her oxygen level to 100 percent – temporarily.

Then the team inserted a second tube, again into her esophagus. After 19 minutes she died, having only had an oxygen level of 50 percent.

The suit states, "The cause of death in this case was the misplaced tube. The failure to discover it was misplaced initially, the failure to properly monitor oxygen levels, and the failure to fix the misplaced tube after having learned the fact."

Following E.D.'s death the family was not notified about the errors made during the surgery. Instead, according to the suit, they failed to file an incident report with the state Department of Health and Environmental Control and didn't order an autopsy – which made their death certificate one of fraud.

T.G. said that it wasn't until the day after E.D.'s death that the family learned that her death was blamed on her own respiratory problems. The fact that a breathing tube had been inserted at all was not told to the family.

If you have a case of medical malpractice contact a medical malpractice attorney to file your lawsuit and recoup your damages!