If you go in for surgery, you are trusting that the doctors will do their job and you will emerge safe and sound. You certainly don’t think about the risk of a hypoxia injury. Unfortunately, some patients suffer from this type of injury during surgery, which can lead to permanent brain damage, organ failure, and even death.
At Shapiro, Washburn & Sharp, we’ve spent decades helping families in the Virginia and North Carolina areas who’ve experienced this devastating outcome. We understand how frightening and overwhelming it can be when a routine operation leads to a serious injury that affects the rest of your life.
If you or a loved one suffered from a hypoxia injury during surgery, our experienced Virginia Beach medical malpractice lawyers are here to help investigate exactly what happened. Below, we’ll explain exactly what this injury is, how the legal aftermath works, and how our firm can assist. Then, if you’re considering filing a claim and aren’t sure what to do next, please call us today at 833-997-1774 for a free consultation.
What is Hypoxia?
The Mayo Clinic describes hypoxia as “a low level of oxygen in the blood.” It’s not an illness or condition, but rather, a sign of a problem tied to breathing or blood flow.
A healthy level of oxygen in the arteries is about 75 to 100 millimeters of mercury (mm Hg). Doctors measure oxygen levels during surgery using certain instruments like a pulse oximetry, which is that little device the doctor may sometimes clip on your finger.
Monitoring oxygen levels during surgery is critical, as anesthesia and other medications can affect breathing and ventilation. Though pulse oximetry is the main way doctors monitor oxygen levels, they may use other techniques too. Bottom line—they are supposed to make sure the patient has adequate oxygen at all times.
Why is Hypoxia Dangerous?
During hypoxia, certain cells and tissues in the body and brain don’t get enough oxygen. The brain is especially fragile. Without enough oxygen, a person may lose consciousness within just 15 seconds, and brain cells can start dying within a few minutes. Permanent damage typically begins around four minutes without oxygen. Possible effects include cognitive problems, memory loss, movement disorders, inability to perform daily tasks, vegetative state, or death.
Other organs like the heart, lungs, and kidneys may also suffer damage. Patients who already have heart disease or lung problems are at a greater risk for complications.
How often does this happen? Researchers tried to answer that question in a 2011 study from two large academic medical centers. They evaluated 95,407 electronic anesthesia records and found that 6.8 percent of patients had a hypoxemic event during surgery, and 3.5 percent of patients had a severe hypoxemic event of two minutes or longer.
The researchers wrote: “Despite advances in monitoring technology, hypoxemia continues to occur commonly in the operating room and may be a serious safety concern because of its potential impact on end organ function and long-term outcomes.”
In a more recent 2020 study, researchers noted that the postoperative period—that time right after the operation is over—is a “critical time for developing hypoxemia.” They examined data from 424 patients and found an overall incidence of early postoperative hypoxemia of 113 (26.7 percent). Those with heart disease and who had surgeries lasting longer than two hours were at a higher risk.
What Are the Anesthesiologist’s Responsibilities?
An anesthesiologist must continuously monitor a patient’s oxygen levels, ventilation, circulation, and temperature throughout the surgical procedure. The American Society of Anesthesiologists sets standards for professionals, including that anesthesiologists must have an oxygen analyzer in the breathing circuit with low-oxygen alarms and a pulse oximeter to monitor blood oxygen saturation. They must also monitor ventilation, watch the ECG (electrocardiogram), check the blood pressure every few minutes, and keep an eye on temperature.
If the instruments indicate that the patient’s oxygen level is dropping, the anesthesiologist is required to immediately increase the oxygen flow. They must act quickly to increase ventilation, check airway placement, and, if needed, manually ventilate to restore oxygen. Without this fast action, hypoxia can lead to lasting injuries.
In hypoxia cases we’ve handled at Shapiro, Washburn & Sharp, every minute counted. In one case, minutes passed with low oxygen saturations before intervention. We were able to piece together the evidence we need to show that the healthcare team failed to respond to the danger as soon as they should have.
What Determines Liability in a Hypoxemia Case?
If you or a loved one suffered from a hypoxia-related injury during surgery, you may be able to pursue a medical malpractice claim. With our experienced medical malpractice lawyers by your side, you’ll need to prove that the anesthesiologist’s care fell below the accepted standards and that this failure caused the injury.
Insurance companies, judges, and courts will look to see if the anesthesiologists deviated from ASA monitoring standards, delayed responses to alarms, failed to maintain oxygen delivery, or somehow set the monitoring devices up incorrectly.
We will also look to see if any of the monitoring equipment was missing or malfunctioning, whether the alarms may have been disabled, or whether the medical team simply ignored the early warning signs. We may consult with medical experts, as well, to help explain exactly how the standards were breached and connect that breach to the harm suffered.
How a Medical Malpractice Attorney Can Help
At Shapiro, Washburn & Sharp, our legal team has decades of experience handling complex anesthesia-related cases, including those involving hypoxia injuries. Our team includes lawyers recognized by the Best Lawyers in America, Super Lawyers, and Best Law Firms for excellence in areas such as personal injury and medical malpractice.
If you or a loved one suffered hypoxia during surgery, contact us right away. We’re committed to uncovering the truth in every medical malpractice case we take on, as we did for our client who became hypoxic during a surgical procedure. She never recovered and died three days later. We helped negotiate a $1.3 million settlement for her beneficiaries.
Find our dedicated medical malpractice attorneys’ offices in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
