As previously stated, air embolisms are considered by Medicare to be a “Never Event,” meaning that they should never occur with proper care. Air embolisms can occur due to a variety of avoidable reasons such as defective or outdated equipment, but most often, they occur due to a nurse or doctor failing to follow proper protocol. As such, when air embolisms do occur, they are generally due to medical negligence or malpractice, which can give rise to a lawsuit.
Medical malpractice occurs when a doctor violates an accepted standard of care, and a patient suffers injuries resulting from the doctor’s conduct. The “accepted standard of care” refers to the expected conduct of an otherwise reasonable and competent doctor. In the specific context of air embolism medical malpractice, the medical standards of care are easily defined, as air embolisms do not exist when standards of care are followed.