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Analysis of endotracheal intubation- related judicial precedents in South Korea

Authors
 Hye-Yeon Cho  ;  SuHwan Shin  ;  SangJin Lee  ;  Susie Yoon  ;  Ho-Jin Lee 
Citation
 KOREAN JOURNAL OF ANESTHESIOLOGY, Vol.74(6) : 506-513, 2021-12 
Journal Title
KOREAN JOURNAL OF ANESTHESIOLOGY
ISSN
 2005-6419 
Issue Date
2021-12
MeSH
Databases, Factual ; Humans ; Intubation, Intratracheal* / adverse effects ; Malpractice* ; Republic of Korea / epidemiology ; Retrospective Studies
Keywords
Airway management ; Complications ; Emergency care endotracheal intubation ; Legislation and jurisprudence ; Medical liability
Abstract
Background: Medical malpractice during endotracheal intubation can result in catastrophic complications. However, there are no reports on these severe complications in South Korea. We aimed to investigate the severe complications associated with endotracheal intubation occurring in South Korea, via medicolegal analysis.

Methods: We retrospectively analyzed the closed judicial precedents regarding complications related to endotracheal intubation lodged between January 1994 and June 2020, using the database of the Supreme Court of Korea. We collected clinical and judicial characteristics from the judgments and analyzed the medical malpractices related to endotracheal intubation.

Results: Of 220 potential cases, 63 were included in the final analysis. The most common event location was the operating room (n = 20, 31.7%). All but 3 cases were associated with significant permanent or more severe injury, including 31 deaths. The most common problems were failed or delayed intubation (n = 56, 88.9%). Supraglottic airway device was used in 5.2% (n = 3) cases of delayed or failed intubation. Fifty-one (81%) cases were ruled in favor of the plaintiff in the claims for damages, with a median payment of Korean Won 133,897,845 (38,000,000, 308,538,274). The most common malpractice recognized by the court was that of not attempting an alternative airway technique (n = 32, 50.8%), followed by violation of the duty of explanation (n = 10, 15.9%).

Conclusions: Our results could increase physicians' awareness of the major complications related to endotracheal intubation and help ensure patient safety.
Files in This Item:
T999202237.pdf Download
DOI
10.4097/kja.21020
Appears in Collections:
1. College of Medicine (의과대학) > Dept. of Medical Humanities and Social Sciences (인문사회의학교실) > 1. Journal Papers
URI
https://ir.ymlib.yonsei.ac.kr/handle/22282913/190960
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