Aspiration during surgery: When it's a sign of medical malpractice

Aspiration during surgery doesn't happen often, but when it does, it can cause serious health problems. In some cases, it's the result of a medical error, which could point to malpractice. Patients dealing with a potential malpractice claim often feel confused and unsure about what to do next. If you or someone you care about has experienced aspiration during a procedure, it's important to understand your rights, Fibich Leebron Copeland & Briggs notes. Speaking with a professional can help you learn more about your options, take the proper steps to protect your health, and hold those responsible accountable.

What is aspiration during surgery?

Aspiration during surgery occurs when a patient inhales foreign material, such as food, liquid, or stomach contents, into their lungs. This can cause problems such as aspiration pneumonia, trouble breathing, or other respiratory issues. Because patients are typically sedated during surgery, the medical team must prepare adequately and monitor them closely to avoid complications, including aspiration.

Causes of aspiration during surgery

Several factors can contribute to aspiration during surgery, including:

• Skipping proper pre-surgery prep: If a patient hasn't fasted correctly, it raises the risk of regurgitation and aspiration.
• Mistakes with anesthesia: Using the wrong anesthesia methods or intubation techniques can trigger aspiration.
• Not monitoring closely: Failure to monitor closely during and after surgery can allow aspiration to go unnoticed.

These issues can happen because someone was negligent, so looking into what went wrong and why the aspiration occurred is important.

Is aspiration medical malpractice?

Not every case of aspiration during surgery constitutes medical malpractice. To determine whether negligence occurred, a legal professional will consider factors such as:

• Was the medical team aware of the patient's medical history or risks related to aspiration?
• Were appropriate safety protocols followed during anesthesia administration?
• Did the medical team respond promptly and effectively if aspiration occurred?

If the healthcare provider's actions—or lack thereof—fall below the applicable standard of care, they may be held accountable for the harm you suffered as a result.

Legal options for aspiration victims 

If you believe negligence caused aspiration during surgery, you may have legal options. An experienced lawyer can collect evidence, work with medical experts, and prepare your case. Compensation may cover medical expenses, lost income, and other hardships caused by the incident.