If you’ve been injured or suffered complications from a tracheostomy, you may have the right to seek financial compensation from negligent healthcare providers responsible for your harm and losses. Contact The Epstein Law Firm, P.A., for a free initial claim evaluation to discuss your legal options with a knowledgeable New Jersey home ventilator and tracheostomy error lawyer. With more than 120 years of combined legal experience, our award-winning attorneys have developed the knowledge and skills to handle the most complex medical malpractice claims. We have a proven record of success that includes over $100 million in compensation recovered for our clients. 

What Is a Tracheotomy? 

A tracheotomy is a surgical procedure that inserts a breathing tube into the trachea (windpipe), with the inserted tube called a tracheostomy. Doctors perform tracheotomies to enable patients suffering from breathing issues to breathe through the tube rather than their nose or mouth, usually with the assistance of a ventilator. Patients may require a tracheotomy when they’ve suffered trauma that interferes with their breathing ability or requires them to go on a ventilator or if they have medical conditions such as facial/neck cancer or pneumonia or other lung infections. 

A tracheotomy can be performed in one of two ways. The first procedure, called a percutaneous tracheotomy, involves making an incision on the front of the neck, inserting a needle through the incision into the trachea, passing a guidewire through the needle, and then stretching the incision until wide enough for the breathing tube. The second procedure, called an open surgical tracheotomy, involves making a larger incision in the neck and cutting into the trachea to immediately insert the breathing tube. 

When Does Tracheotomy Malpractice Occur?

Although a tracheotomy is considered a safe procedure, the surgery can result in various complications, such as excessive bleeding, injury to the esophagus, damage to the vocal cord nerves, air getting trapped underneath the incision site or in the chest, blockage or dislocation of the breathing tube, erosion of the trachea, narrowing of the airway, or infection. 

However, not every adverse complication of a tracheotomy occurs due to medical malpractice. Instead, tracheotomy or tracheostomy malpractice occurs when a medical provider fails to perform the tracheotomy or maintain the tracheostomy according to the applicable standard of care. Although the specifics of the standard of care vary from case to case, in general, the standard of care is defined as the treatment decisions and actions that other healthcare providers of similar training and experience would make in identical circumstances. 

Proving that tracheotomy malpractice has occurred will require evidence such as:

  • Medical records
  • Progress/treatment notes
  • Surgical notes
  • Eyewitness testimony

In most cases, you will also need expert testimony from a healthcare professional with the same or similar licensing or certification as the healthcare provider responsible for your injury. This expert must explain what the standard of care in your case entailed, how your provider’s treatment failed to comply with the standard of care, and how that substandard care caused your injuries or complications. 

What Compensation Might You Be Entitled to for Injuries Caused by a Tracheostomy or Home Ventilator?

When you’ve experienced injuries or health complications due to negligent care during a tracheotomy or for a tracheostomy, you may have the right to recover compensation for financial and personal losses you’ve incurred, including for:

  • Additional medical care or rehabilitation expenses
  • Costs of long-term care or home health services you need for your injuries or complications 
  • Loss of income or earning capacity caused by your injuries or complications keeping you out of work
  • Additional pain and suffering
  • Loss of quality of life due to disabilities or reduced life expectancy

Let a New Jersey Home Ventilator and Tracheostomy Error Lawyer Fight for the Financial Recovery and Justice You Deserve

If you’ve suffered injuries or complications from a tracheotomy or tracheostomy, a home ventilator and tracheotomy injury attorney in Rochelle Park, NJ, from The Epstein Law Firm, P.A., can help you with your recovery by preparing and pursuing your legal claims while you focus on your medical treatment. Our firm will thoroughly investigate your case to recover evidence of your healthcare providers’ negligence. We will identify all liable parties and options for recovering compensation, documenting your injuries and losses to ensure we fight for the maximum financial recovery you need. Whether by vigorously negotiating for a fair and full settlement or by taking your case to court and trial, you can trust that we will leave no stone unturned in pursuing the best possible result for you. 

Contact The Epstein Law Firm, P.A., for a Free Case Evaluation with a Knowledgeable New Jersey Home Ventilator and Tracheostomy Error Lawyer

After being injured or harmed by a negligent tracheotomy or tracheostomy care, you deserve to seek compensation for your medical expenses to treat your injuries, lost income if you cannot work, or pain and suffering. Contact a New Jersey home ventilator and tracheostomy error lawyer from The Epstein Law Firm, P.A., for a free, no-obligation consultation to learn how our firm will fight for your rights and interests. 

Frequently Asked Questions About Home Ventilators and Tracheostomy Errors

How long do I have to file a lawsuit for a home ventilator/tracheostomy injury?

The New Jersey statute of limitations typically gives you two years to file an injury lawsuit after a negligent tracheotomy or discovering the harm you’ve suffered due to negligent care, whichever occurs later. Although two years may seem like plenty of time to file your claim, you shouldn’t wait to talk to a home ventilatory and tracheotomy injury attorney in Rochelle Park, NJ, about your case. If you file suit after the limitations period expires on your claim, you may lose your right to recover compensation if the trial court dismisses your lawsuit as untimely filed.

Who might be liable for complications I’ve suffered due to a tracheotomy error?

Depending on the circumstances of your injury, you may have the right to hold various parties accountable for your harm and loss. You may have a claim against a physician who negligently performed the tracheotomy procedures. Or you might have a claim against the home health agency and its aides responsible for providing care for your tracheostomy.


We want to express our deepest gratitude for the exceptional work you did to insure that our father’s unfortunate accident did not go unrecognized; my dear dad would have appreciated your professionalism, unstoppable work ethic and most of all your compassion every step of the way. Please know we have the highest regard and the utmost respect for you.

Deb & Joe

Thank you again for all of your help, support and advice. You’ve made a trying and difficult time much easier to deal with for my family and myself. You will never have any idea how much your efforts were, and will forever be appreciated.

F. D.