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Anesthesia errors are considered medical malpractice when they are actually negligent and they fall below the acceptable standard of care. One of the more common examples of anesthesia error is when the anesthesiologist or the nurse anesthetist intubates into the esophagus rather than into the trachea. It can happen, but it should be recognized immediately, removed, and the tube put into the trachea so that the lungs are getting oxygen. Otherwise, a person is having air pumped into their stomach, and that is malpractice because it will result in either death or catastrophic brain injury.

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