Home / Medical Malpractice / Failure To Intubate: Malpractice
Intubation — the placement of a breathing tube into a patient’s airway — is one of the most fundamental life-saving procedures in medicine. It is performed in operating rooms, emergency departments, intensive care units, and trauma settings when patients cannot breathe on their own. Proper intubation ensures that oxygen reaches the lungs, prevents aspiration, and allows for safe administration of anesthesia during surgery.
When doctors or anesthesiologists fail to intubate properly, the consequences are catastrophic. Within minutes, patients may suffer hypoxic brain injury, cardiac arrest, organ failure, or death. In many malpractice cases, the tragedy is compounded by the fact that the patient’s decline was entirely preventable with proper technique, preparation, and monitoring.
Use this form to get the fastest review by an attorney and the fastest response from our office.
Airway management failures are a major source of malpractice claims. Studies show that airway complications account for up to 20% of anesthesia-related malpractice lawsuits. According to the American Society of Anesthesiologists (ASA), inability to secure an airway is one of the most common causes of anesthesia-related deaths and brain injuries.
A 2011 multicenter study published in Anesthesiology found that “cannot intubate, cannot ventilate” emergencies, while rare, carry mortality rates of up to 25–50%. These statistics underscore the fact that failure to intubate is not a minor oversight but one of the deadliest errors a provider can make.
Failure to intubate may occur for several reasons, many of which represent clear negligence. Some providers do not adequately prepare for difficult airways, failing to anticipate complications in obese patients, trauma patients, or those with known airway abnormalities. Others rush the procedure without backup plans or advanced equipment.
In surgical settings, anesthesiologists sometimes fail to monitor oxygen saturation levels closely during induction of anesthesia, delaying recognition of airway problems. In emergency rooms, patients in respiratory distress may deteriorate while staff scramble unprepared to secure the airway.
Another common error is esophageal intubation, when the tube is mistakenly inserted into the esophagus instead of the trachea. This prevents oxygen delivery and may go unrecognized if providers fail to confirm placement with proper techniques such as capnography.
Failure-to-intubate malpractice lawsuits often involve:
Each of these cases represents a preventable failure in medical care.
The root causes of failed intubation often include:
Each of these represents a deviation from the accepted standard of care.
The medical standard of care requires providers to:
When providers fail to meet these standards and patients suffer harm, malpractice has occurred.
Posted on Google![]()
Melissa Babel16 August 2026Trustindex verifies that the original source of the review is Google.
Outstanding from start to finish! Brian and Jen were incredibly professional, knowledgeable and thorough. Going through an unexpected, life changing event can be scary, but they put us at ease from the moment we contacted them. Every aspect of our case was handled efficiently; and we couldn't be happier with the outcome. Thank you Brian & Jen. We are eternally grateful for your hard work!!Posted on Google![]()
Heather Ballard9 June 2026Trustindex verifies that the original source of the review is Google.
Brian at Snyder and Wenner was amazing. He worked hard for as long as was needed to help us in our case even when others turned us down. He got us the best results possible and was willing to fight for us until the end.Posted on Google![]()
Alex Antilla6 May 2026Trustindex verifies that the original source of the review is Google.
Spoiler alert for those fortunate enough to be unaware - being involved in an automobile accident sucks. Having an attorney like Brian Snyder by your side throughout the process was a huge relief and helped me get through this difficult chapter in my life. Brian and his team fought hard to make me whole and I could not be more pleased with the outcome. Should you find yourself in need of a solid, hard working, and professional attorney who can help you make the most of your case, look no further than Snyder & Wenner PC! Thank you for everything, Stephanie and Brian! I’ll send you a post card from Hawaii!Posted on Google![]()
Monica Reuschel1 May 2026Trustindex verifies that the original source of the review is Google.
We are thankful for their help with this medical malpractice case and getting us back some monies that were spent with the two surgeries needed caused by faulty hernia mesh. Thank youPosted on Google![]()
Christine Hollingsworth28 April 2026Trustindex verifies that the original source of the review is Google.
Synder and Wenner were absoltuely the BEST to work with! They were understanding and patient and just so helpful! I would recommend to anyone needing representation.Posted on Google![]()
Ricardo Leon13 March 2026Trustindex verifies that the original source of the review is Google.
Brian Snyder, attorney, was the only one who took my case more than five years ago. I could not find an attorney in the state of Texas. I spoke to many of the attorneys and law firms throughout Texas. I told them my symptoms were swollen lymph nodes, early signs of a recurrent hernia on my left groin, and I was always in pain. No attorney wanted to help me throughout the state of Texas. Brian Snyder, attorney, took my case without any hesitation. He knew right away what I was going through. Cause of Brian Snyder, I was able to get a settlement payment for an XL mesh plug and onlay. I truly recommend Brian Snyder if any person is experiencing a recurrent hernia or mesh problems. I truly recommend him as an attorney to get you results. I consider Brian Snyder very sneaky, intelligent, with a lot of experience, and a view of common sense. Brian Snyder was very patience and understanding with my case. Brian Snyder is a very bright attorney. I wholeheartedly recommend that you give him a call. I am happy with the settlement and on my way to view and relax by the ocean. Thank you, Brian Snyder, for your help.Posted on Google![]()
Pat Petruzzelli21 January 2026Trustindex verifies that the original source of the review is Google.
One can't begin to convey the immense gratitude we have for David Wenner. We were fortunate to have his highly skilled counsel for our brother, Richard who was involved in a life changing accident through no fault of his own. The enormity of his immediate medical needs and placement in ICU for several months was more complicated with us living out of state. David and his paralegal Jen showed their humanity and compassion in helping us to navigate the insurance and legal issues while staying abreast of Richard's ever-changing condition. They allowed us to concentrate on his care and recovery which was a true blessing. Richard continues to make progress, and he is indebted to David for helping to ensure his care for the future. Thank you, David & Jen !Posted on Google![]()
jeff cody25 December 2025Trustindex verifies that the original source of the review is Google.
Brian and his team are amazing. Not only in the work they did to get my settlement, but in how they kept me updated, and helped every step of the way. I HIGHLY recommend them, and if anything ever comes up again, Brian will be the first call I makePosted on Google![]()
David Hayes22 October 2025Trustindex verifies that the original source of the review is Google.
In my mind they did a excellent job on my case. No pressure one way or the other to do it a certain way. Very happy with the outcome. A shout out to Stephanie she walked (talked) me thru all the computer steps I had to take. OUTSTANDING.Posted on Google![]()
David Hayes21 October 2025Trustindex verifies that the original source of the review is Google.
Snyder&Winner, handled my case very well and satisfying conclusion I have nothing but high praise for the way they handled my case. While I'm at it a special shout out to Stephanie Park. She talked me through the computer side of all this. OUTSTANDING.
The consequences of failed intubation are catastrophic. Within just 4 to 6 minutes of oxygen deprivation, permanent brain injury begins. Survivors may live with severe cognitive impairment, paralysis, or the inability to care for themselves. Others may suffer damage to the airway, vocal cords, or lungs from improper tube placement.
Families face overwhelming financial and emotional burdens, providing lifelong care for loved ones who were left disabled by preventable errors. In the most tragic cases, patients die — leaving families to cope with wrongful death caused by a failure to perform one of medicine’s most basic life-saving interventions.
To prove malpractice, attorneys must show that the provider failed to meet accepted standards of care and that this failure caused harm. Evidence often includes:
For example, if an anesthesiologist failed to recognize esophageal intubation despite falling oxygen saturation, and the patient suffered brain damage, liability may be clear.
At Snyder & Wenner, P.C., we understand how devastating intubation malpractice can be. These cases often involve catastrophic injuries or wrongful death, leaving families with unthinkable losses. Our attorneys work with anesthesiology and emergency medicine experts to uncover exactly how negligence occurred and build strong malpractice claims.
We represent surgical patients, trauma victims, and families whose loved ones died due to airway management failures. By holding negligent providers accountable, we secure justice for victims and drive systemic reforms that improve patient safety.
Liability may extend to:
Victims and families may be entitled to compensation for:
Failure to intubate is one of the most catastrophic forms of malpractice. It represents not just a technical error but a failure to uphold the most basic duty of patient safety: ensuring that oxygen reaches the body’s vital organs. When providers fail, patients suffer permanent brain injuries, devastating disabilities, or wrongful death.
At Snyder & Wenner, P.C., we fight for patients and families harmed by intubation failures. By holding negligent providers accountable, we secure justice and drive reforms that improve airway safety across hospitals and surgical centers. Every patient deserves competent, vigilant care in their most vulnerable moments — and when that standard is denied, we are here to help.
No. Some patients have extremely difficult airways despite proper care. Malpractice occurs when providers fail to prepare, use proper technique, or respond appropriately.
Esophageal intubation, delayed intubation, failure to confirm placement, and lack of backup airway planning.