Vocal Cord Paralyzed During Negligent Intubation for Cancer Surgery
The following excerpt from a Notice of Intent to File Claim, or more commonly called “Notice of Intent to Sue,” is a recent case that the litigators at Erlich, Rosen, Bartnick & Cook, P.C., have begun on behalf of one of our clients. If you wish to discuss a medical malpractice claim please contact ERBC at either www.ERBClaw.com or 1-877-453-2840 for a free consultation.
Factual Basis For Claim
Plaintiff was a patient at a Detroit area cancer hospital. He had a CT scan of the chest performed in February of 2007 which demonstrated a left lower lobe lesion. He was admitted to the cancer hospital for a bronchoscopy, left lower lobectomy, and a mediastinal node dissection which were performed on April 23, 2007. During the surgery general anesthesia was provided by endotracheal intubation by Defendant CRNA and Defendant anesthesiologist.
During the intubation a double lumen tube was placed utilizing a tube changer instead of under direct visualization. As a result, insertion of the double lumen tube was performed blindly without visualization of Plaintiff’s vocal cords. Because of this Plaintiff’s left vocal cord was unnecessarily traumatized resulting in left vocal cord paralysis and permanent hoarseness.
At no time during the pre-surgical anesthesia evaluation was Plaintiff informed of the possibility of becoming permanently hoarse, having difficulty with speech, fatigue, or the inability to project his voice, or difficulty swallowing, as a result of the chosen method of intubation.
Upon awaking from surgery to the present time Plaintiff’s voice has been hoarse as a result of left vocal cord paralysis caused by negligent insertion of the double lumen tube. An EMG of the larynx performed on July 3, 2008 demonstrated no activity meaning he had no nerve activity in his left vocal cord which is why he has such difficulty with speech.
An attempted repair by fiberoptic laryngoscopy was performed on Plaintiff on July 29, 2007 as a result of his history of dysphonia since the lung surgery in April of 2007. The laryngoscopy was performed to bring the arytenoid back up onto the crycoid and hold it in place by injection of gel foam. Unfortunately, the procedure was unsuccessful, resulting in Plaintiff continuing to suffer permanent left vocal cord paralysis, hoarseness, difficulty with speech and difficulty swallowing.
The standard of care for the Defendant CRNA and Defendant anesthesiologist required that when providing general anesthesia during a left lower lobectomy surgery that during the course of performing the intubation and placement of a double lumen tube, that the double lumen tube be inserted by using a laryngoscope with the ability for direct visualization of the patient’s vocal cords. This is to ensure that the patient’s vocal cords are not damaged by a blind insertion of the tube.
That as a result of the violation of the standard of care by Defendant CRNA and Defendant anesthesiologist a double lumen tube was blindly inserted using a tube changer in an effort to intubate Plaintiff. As a result of doing so and failing to use a laryngoscope with direct visualization of the vocal cords, Plaintiff’s left vocal cord was unnecessarily and excessively traumatized through contact with the double lumen tube which resulted in it being paralyzed causing vocal cord paralysis, permanent hoarseness, difficulty with speech, speech fatigue, general fatigue and difficulty swallowing as a result of the left vocal cord being unable to move and create vibration and speech.
