Arizona’s Premier Medical Malpractice & Personal Injury Law Firm

Protecting Our Community, One Case at a Time Since 1983

Serious Injuries. Experience. Results.

Failure To Intubate: Malpractice, Risks, And Patient Justice

Why Intubation Is Critical

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.

Request a Free Consultation

Use this form to get the fastest review by an attorney and the fastest response from our office.

Name(Required)
By submitting this form, you consent to receive SMS notifications from Snyder & Wenner, P.C. at the phone number provided. Message and data rates may apply. You can opt-out at any time by replying "STOP" to any message. For more information, please refer to our Privacy Policy.

The Scope Of Intubation Failures In Healthcare

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: Malpractice, Risks, And Patient Justice

How Failure To Intubate Happens

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.

Common Scenarios In Intubation Malpractice Cases

Failure-to-intubate malpractice lawsuits often involve:

  • Surgical patients who suffer brain damage or death because anesthesiologists could not secure an airway.
  • Emergency room patients in respiratory failure who are not intubated in time, leading to cardiac arrest.
  • Trauma patients with facial or neck injuries where providers failed to prepare for difficult airway management.
  • Obstetric patients requiring intubation during emergency cesarean sections who suffer preventable harm.
  • Children who require special intubation techniques but are mishandled due to provider inexperience.

Each of these cases represents a preventable failure in medical care.

Causes Of Intubation Negligence

The root causes of failed intubation often include:

  • Failure to anticipate difficult airways based on patient anatomy or history.
  • Inadequate preparation, such as failing to have backup equipment ready (laryngeal mask airway, cricothyrotomy kit).
  • Improper technique, including esophageal intubation or trauma to the airway.
  • Failure to confirm tube placement using end-tidal CO2 monitoring or chest auscultation.
  • Delays in intubation, leading to hypoxia before the airway is secured.
  • Systemic failures, including lack of training, understaffing, or poorly maintained equipment.

Each of these represents a deviation from the accepted standard of care.

The Standard Of Care In Airway Management

The medical standard of care requires providers to:

  • Evaluate patients for potential airway difficulties prior to intubation.
  • Prepare appropriate equipment and backup plans.
  • Use proper techniques to secure the airway safely.
  • Confirm tube placement immediately with capnography.
  • Monitor oxygenation and ventilation continuously.
  • Perform emergency surgical airways (cricothyrotomy) when intubation is impossible.

When providers fail to meet these standards and patients suffer harm, malpractice has occurred.

Posted on Google Google
Melissa Babel profile picture
Melissa Babel
16 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
Heather Ballard profile picture
Heather Ballard
9 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
Alex Antilla profile picture
Alex Antilla
6 May 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
Monica Reuschel profile picture
Monica Reuschel
1 May 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 you
Posted on Google Google
Christine Hollingsworth profile picture
Christine Hollingsworth
28 April 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
Ricardo Leon profile picture
Ricardo Leon
13 March 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
Pat Petruzzelli profile picture
Pat Petruzzelli
21 January 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
jeff cody profile picture
jeff cody
25 December 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 make
Posted on Google Google
David Hayes profile picture
David Hayes
22 October 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Google
David Hayes profile picture
David Hayes
21 October 2025
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex 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 Human And Medical Consequences Of Failed Intubation

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.

Proving Malpractice In Failure To Intubate Cases

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:

  • Anesthesia records documenting oxygen levels and intubation attempts.
  • Surgical logs showing delayed recognition of airway issues.
  • Expert testimony from anesthesiologists and emergency physicians.
  • Evidence that providers ignored risk factors or failed to prepare adequately.

For example, if an anesthesiologist failed to recognize esophageal intubation despite falling oxygen saturation, and the patient suffered brain damage, liability may be clear.

Snyder & Wenner, P.C.: Advocating For Victims Of Intubation Failures

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.

Who May Be Liable For Intubation Malpractice

Liability may extend to:

  • Anesthesiologists who fail to manage airways during surgery.
  • Emergency physicians who delay or mishandle intubation.
  • Surgeons or obstetricians responsible for supervising anesthesia teams.
  • Hospitals for inadequate training, equipment, or staffing.

Damages Available In Intubation Malpractice Claims

Victims and families may be entitled to compensation for:

A Final Word On Accountability And Patient Safety

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.

FAQs About Intubation Malpractice

Is every failed intubation malpractice?

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.

Yes. We have decades of experience representing victims of anesthesia and airway malpractice.