Common Anesthesia Mistakes
Gregg Hollander | September 23, 2024 | Medical Malpractice
Like all medical professionals, anesthesiologists must have strong technical knowledge, a composed demeanor, quick thinking, and quick action. Perhaps most importantly, they must place the patient’s safety above all other considerations. Yet, a growing number of serious anesthesia-related errors suggests that patients are at a greater risk than ever before.
Medication errors, over- or under-administration of anesthesia, and failure to account for the patient’s unique medical profile are among the mistakes that can prove catastrophic. If you or a loved one suffered injury or passed away because of an anesthesia error, allow a anesthesia error attorney to lead a lawsuit against liable parties.
A Rundown of Common (and Preventable) Anesthesia Mistakes
Many patients do not realize how complicated the administration of anesthesia is—not until something goes wrong.
Anesthesiologists willingly sign up for their complicated job, and they accept their duty to:
- Refuse to work when they are unfit to do so (whether due to tiredness, impairment, health issues, or any other hazard)
- Ensure they have all necessary medical information before placing a patient under anesthesia
- Inform and warn patients comprehensively about anesthesia and its potential risks
- Understand the exact medical machinery they are operating (and use that machinery in a safe, appropriate manner)
- Administer the proper amount of anesthesia at the proper time, for the proper duration of time
- Monitor the patient for signs of distress before, during, and just after they receive anesthesia
- Act quickly and appropriately if signs of distress emerge
If an anesthesiologist fails in these or any of their other duties, they have likely committed medical malpractice (a specific form of negligence). An attorney will aim to prove beyond a doubt that such negligence has caused you harm.
Why Anesthesia Errors Happen
Someone is responsible when a patient is harmed because of an anesthesia error—whether it be medication errors, delayed intubation, or any other failure. It will be your medical malpractice lawyer’s duty to determine why the anesthesia error happened in your case, and they may find that:
The Anesthesiologist Was Unqualified or Otherwise Unfit
The average patient believes that everyone who makes it through medical school is properly trained, knowledgeable, and qualified for high-stress scenarios. This is not always the case, and an anesthesiologist may be unfit if they:
- Did not receive the education or training they should have (not all medical schools are the same quality)
- Have not adapted to evolutions in anesthesia technology
- Are tired or compromised emotionally or psychologically
- Are impaired by drugs or alcohol
- Are ill or suffering from another health complication
Anesthesiologists must be knowledgeable, sober, alert, and in sound mind whenever they do their job. If an anesthesiologist had any issue that endangered you, they should have alerted their employer and refrained from participating in your care.
The Anesthesiologist Was Fit But Made a Mistake
Even when anesthesiologists seem fit to do their jobs, they can still make mistakes and poor judgment.
If the person responsible for administering your anesthesia made any error, they may be liable for the resulting damages.
A Medical Facility Was Negligent
Facilities employing and contracting with anesthesiologists must also ensure patient safety. Some common examples of negligence by medical facilities include:
- Failing to do due diligence before hiring an anesthesiologist
- Knowingly hiring anesthesiologists with a history of negligence
- Not providing the latest anesthesia-specific technology
- Failing to monitor the health and performance of employees and contractors closely
- Failing to impose necessary discipline on providers (including anesthesiologists) who endanger patients
- Failing to inform the patient of risks and other relevant details
A medical facility can also be negligent in ways that aren’t specific to anesthesiologists. For instance, a hospital executive may be more focused on profits than patient safety, and this general outlook can lead to anesthesia errors.
Your attorney will consider every aspect of your case when determining who is liable for the medical malpractice.
Medical Equipment Malfunctioned
The equipment used to administer anesthesia, monitor the patient’s vitals, and ensure the safe completion of procedures can be faulty. This equipment may also fail because:
- The user is not adequately trained, skilled, or informed
- The equipment is outdated
- The owner of the equipment has not performed necessary inspections or maintenance
There can be other reasons for anesthesia errors; these are just a few examples of common types. Your medical malpractice lawyer will complete a comprehensive investigation and prove whose negligence has caused you or a loved one harm.
Make the Right Moves in the Wake of an Anesthesia Error
If you or a loved one suffered brain damage, another injury, or lost their life because of an anesthesia-related error, your next steps are critical. If you are facing the consequences of a non-fatal injury, you should:
- Get the ongoing medical treatment you need: The most important priority should be ensuring you do not suffer further harm. Medical care is also helpful in documenting the physical effects of an anesthesia error. Seek the treatment you need, and your attorney will demand compensation to cover that care from liable parties.
- Hire a medical malpractice lawyer experienced in anesthesia error cases: Working with an attorney is helpful for anyone who pursues a medical malpractice claim. Malpractice claims and lawsuits can be complicated, highly technical, and time-consuming. Your health should be your concern, and you can let a lawyer hold liable parties accountable.
Those who endure anesthesia errors are often under immense stress and usually face physical challenges, too. While your malpractice case is certainly worthwhile, you likely are not in a position to handle it. Allow a lawyer to help.
There Is No Time to Wait When Seeking a Medical Malpractice Lawyer
Insurance claims and lawsuits are always time-sensitive because:
- A hospital, anesthesiologist, or other liable party may have crucial evidence they are actively working to dispose of, and your lawyer will need to demand that evidence right away
- There are typically legally binding deadlines for filing medical malpractice lawsuits, and your filing deadline may be closer than you realize
There is also the matter of your recovery. You deserve to heal without the uncertainty of your case looming over you. As soon as you hire your medical malpractice attorney, they will protect you. They will also provide the relief that comes with a legal professional handling every detail of your case.
The Consequences of Anesthesia Mistakes Are Both Financial and Non-Economic
Medical errors are a multi-billion-dollar problem in the United States. Yet, you can only see the true cost of a medical error when you listen to a victim’s story.
The realities (and damages) that the victim of an anesthesia error may face include:
Additional Medical Expenses
Any medical costs resulting from the anesthesia error will be part of your case. Your attorney will determine the cost of:
- Diagnostic procedures
- Direct care
- Medications
- All doctors’ appointments
- All other medical services and items for physical issues related to the anesthesia error
Expect your lawyer to consult one or more medical experts while evaluating your medical expenses. This may be particularly helpful if you have long-term healthcare needs after the anesthesia error.
Pain and Suffering
Pain and suffering is a near-universal reality for victims of medical malpractice. Some types of pain and suffering that may be included in your anesthesia error care include:
- Physical pain and discomfort
- Loss of cognitive abilities
- Loss of physical abilities
- Adverse mood or personality changes
- Lost quality of life
These kinds of challenges are highly personal. Your attorney will listen to your story, ensure you receive the mental health services you need, and seek fair compensation for your pain and suffering.
Mental Health Treatment Expenses
Anesthesia errors can have devastating outcomes for victims and their families. Physical injuries can cause immense psychological and emotional distress, and you or your loved ones may need ongoing mental health treatment.
If you seek any mental health services for pain and suffering related to an anesthesia error, your medical malpractice attorney will seek compensation for those services.
Rehabilitation Costs
If the effects of your injuries require rehabilitation, your legal team will determine:
- What types of rehabilitation will you require
- How long you will need the rehabilitation for
- How much the rehabilitation will cost
- Whether the rehabilitation can be lifelong
Depending on the unique details of your case, your lawyer may allow you to reach the point of maximum medical improvement (MMI) before determining the cost of your rehabilitation. If your rehab is indefinite, your lawyer may need to consult a medical expert to determine the future cost of your rehabilitation.
Professional Losses
Injuries go hand-in-hand with professional and financial loss. If an anesthesia error affects you professionally, your recoverable damages may include:
- Lost income
- Missed chances to earn bonuses, overtime compensation, and promotions
- Lost benefits
- Diminished earning capacity
You should also not have to pay for a procedure that left you injured. Your attorney will work to recover compensation for the cost of any care that is tainted by malpractice.
Anesthesia Errors Can Be Fatal (in Which Case a Medical Malpractice Lawsuit Is Warranted)
Medical errors are one of the leading causes of death in the United States, and anesthesia-related malpractice can be fatal. Those who lose a precious loved one because of a medical provider’s negligence should undoubtedly demand justice—or, more specifically, have a lawyer demand justice for them.
Damages that those affected by fatal anesthesia errors often face include:
- Loss of the decedent’s non-economic value (often called loss of consortium)
- Loss of the decedent’s financial support (including any income, work-related benefits, and household contributions)
- Pain and suffering (including grief)
- Funeral expenses
- Burial costs
- Cremation costs
- Medical expenses
Wrongful death cases almost always demand a large recovery for survivors. This can include a spouse, children, and certain other loved ones.
How Your Anesthesia Error Attorney Will Pursue Justice for You
An attorney is your do-it-all resource for a medical malpractice claim or lawsuit. Whatever your case requires, a lawyer will provide.
Your lawyer will record your account of the anesthesia error. This is only one of many steps to completing a successful medical malpractice case, though, and your attorney will also:
Secure Any Evidence of the Anesthesiologist’s Negligence (or Others’ Negligence)
Proof of negligence will be a pillar of your case. Your attorney will:
- Quickly identify any negligence liable parties have (and file a letter of spoliation requiring those parties to hand over the evidence).
- Obtain any relevant medical records and other evidence that you have.
- Conduct a thorough investigation and secure all other proof of negligence.
Your attorney will likely hire one or more medical experts to testify to the anesthesiologist’s negligence.
Furnish Clear-Cut Proof of Your Damages
Once your lawyer has established that malpractice occurred (using evidence), they will document the consequences of that negligence (your damages). Such documentation may include:
- Medical bills for care you’ve needed due to an anesthesia error
- Medical experts’ explanation of how the anesthesia has caused your physical symptoms
- Proof that you have been unable to work due to medical malpractice (and lost income as a result)
- A mental health professional’s testimony about the emotional and psychological toll you’ve suffered
Your lawyer will organize evidence of malpractice and documentation of your damages. Next, they will negotiate a settlement with the liable parties.
File Suit, If You Need To
Your medical malpractice lawyer will likely fight to obtain a fair settlement. If they can coax a fair offer from liable parties, this is the most efficient way to deliver compensation to you.
If an insurance company or liable medical provider will not extend a fair offer, you may choose to file a lawsuit.
Find a Veteran Anesthesia Error Lawyer Today (and Hire Them as Soon as Possible)
You deserve justice for an anesthesiologist’s negligence, and you should see that justice as soon as possible. Filing a medical malpractice lawsuit is a complex process often governed by a filing deadline, so find your lawyer as soon as possible.
Consultations are free, and medical malpractice lawyers typically require no upfront fee so that you can retain an attorney no matter your financial challenges.