Burn Malpractice
In 2021, the Center for Disease Control reported about 398,000 emergency department visits for burns.
The cost to treat burn victims can range into the hundreds of thousands of dollars per patient. In addition, burn victims experience horrific physical pain and suffering, not to mention emotional, psychological, and social damages, specifically in children and young adults.
In the medical context, a patient may suffer burns while under anesthesia in the operating room, caused by electro–cautery devices, instruments that reach several hundred degrees.
Lasers create small areas of intense heat that can burn through anything in their path and ignite things such as surgical tubes, clothing, patient hair, and swabs. These devices form part of a trifecta of elements needed for a flash fire: oxygen, a fuel source (alcohol prep), and an ignition source (the electro-cautery device).
Fire hazards have increased in hospitals by using things such as disposable drapes, antiseptic skin agents, and gowns.
The American Society of Anesthesiologists has extensive guidelines and information concerning operating room fires. They analyze each of the elements’ trifecta and discuss checklists, training, risk assessment, and management to prevent fires.
There are also a variety of less obvious substances that can cause fires, including the Dermabond glue used in harvesting of skin grafts and gastrointestinal gases. Hydrogen and methane gases are also extremely flammable gases produced by bacteria in the intestinal tract. When these areas are operated upon and therefore release gases, an electrosurgical unit or laser can ignite a fire or explosion. Although there is the risk of fire in an oxygen rich operating room, there are steps a hospital can and should take to reduce this risk. Learn more about the dangers of operating room fires here.
Article of interest: A Japanese woman passed gas during laser surgery. She was badly burned. The Washington Post
Our medical malpractice and personal injury team routinely and successfully handles cases in which our clients have sustained serious burn injuries. For example, our team represented the family of a woman who suffered extensive burns and later died when her home hospital bed malfunctioned, caught fire and burned her house down.
In addition, we resolved a medical negligence case against a doctor in which our client suffered serious surgical burns after she caught fire while she was being operated upon. In that case, our team was able to demonstrate that burn injuries not only result in tremendous pain, suffering and emotional distress (along with significant medical care and bills), but also that they can result in the need for a lifetime of care. Finally, our lawyers have handled cases in which the care and treatment that a client received for their burn injuries were inadequate or fell below what is called the “standard of care,” resulting in increased injury and even death.
If you or a loved one has been affected by burns or burn malpractice, it is critical to have an informed, detail-oriented, and dedicated medical malpractice attorney who will tirelessly advocate for you and your case. Please contact Andrew G. Slutkin and Ethan S. Nochumowitz for a free consultation at 800-385-2243.
Disclaimer: This page is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.