Who May Be Liable for an Injury Caused by Anesthesia Error?

Gregg Hollander | September 18, 2024 | Medical Malpractice

Anesthesia errors can cause severe, potentially permanent injuries. In the most tragic cases, an anesthesia-related error can cause a patient’s death. Whenever anesthesia complications result in injury, trauma, or death, it’s imperative to determine who is responsible.

The anesthesiologist may seem like the most likely liable party, and they are often liable for their own errors. An employer, facility where anesthesia is administered, and other parties can also be liable for an anesthesia error. Cases involving anesthesia errors can be difficult but are necessary. Hire an anesthesia error attorney to lead your case and demand fair compensation for your losses.

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Types of Anesthesia Errors That Can Cause Injury

Every medical provider must exercise abundant caution, due diligence, and a safety-first approach. Anesthesia errors often result from a failure to meet this high standard of care, and some examples of anesthesia errors include:

• Failing to prepare the patient to go under anesthesia
• Failure to understand a patient’s profile, including specific risks related to the administration of anesthesia
• Administering too much or too little anesthesia
• Failing to monitor the patient while under anesthesia
• Improperly intubating the patient
• Responding improperly (or in a delayed manner) to signs of distress or complications while the patient is under anesthesia
• Failing to ensure the patient is receiving adequate oxygen
• Failure to move the patient during the administration of anesthesia, which is sometimes necessary

These are only a few examples of anesthesia-related errors that can lead to serious injury and possibly death. Such errors are often the fault of the anesthesiologist, but multiple parties can be liable for such failures.

Determining fault and liability for anesthesia errors requires a strong knowledge of both the law and medicine. Allow an experienced medical malpractice lawyer to evaluate the facts of your case, establish liability, and fight for a fair settlement for you.

Mistakes by the Anesthesiologist

Studies suggest that anesthesia errors are increasingly prevalent, an alarming trend that is an accusation of many in the healthcare system. Perhaps more than any other party, the anesthesiologist is responsible for:

• Communicating with and preparing the patient before they receive anesthesia 
• Asking the patient about allergies and medications (adverse drug events are one of the most common causes of anesthesia complications)
• Administering the anesthesia properly
• Monitoring the patient throughout the time they’re under anesthesia
• Ensuring the safe cessation of anesthesia
• Many other anesthesia-related responsibilities

Your attorney will likely consult medical experts to evaluate the anesthesiologist’s behavior following an adverse event. Your legal team may identify one or more mistakes on the anesthesiologist’s part that make them liable for your losses.

An Anesthesiologist’s Impairment

If the anesthesiologist was unfit to do their job competently, they are almost certainly responsible for malpractice. Any medical professional can be unfit if they:

• Are intoxicated
• Are under the influence of illicit drugs
• Are under the influence of prescribed medication that inhibits their performance
• Are overly tired
• Are distracted
• Are emotionally compromised

No medical provider should report to work if they are unfit to perform their duties. If an error happens due to impairment of any kind, the provider and their employer are often liable for the victim’s damages.

Negligence by a Medical Facility

Examples of facility-level negligence that can contribute to an anesthesia-related injury include:

• Failing to provide the equipment necessary for the safe administration of anesthesia
• Failing to vet anesthesiologists or others responsible for the patient’s safety
• Failing to take appropriate action against an anesthesiologist who exhibits unsafe behavior
• Failure to properly train professionals
• Failing to ensure all medical providers are fit to do their job before a procedure occurs
• Failure to provide a sterile environment

An employer or medical facility can be liable merely because an anesthesia error happened on their premises or because of their employee.

Equipment Defects or Failure

If equipment-related failures contribute to an anesthesia error, your lawyer will determine who is liable for the defect. The error can result from negligent design or assembly, inadequate maintenance, or improper administration of the equipment.

Is an Anesthesia Error a Type of Medical Malpractice?

Though every case warrants careful examination, many anesthesia errors result from negligence. In fact, when something goes wrong in a medical context, it is only fair to ask: Whose failure caused harm to the patient?

Malpractice is merely the lack of reasonable behavior by one or more medical professionals or administrators. When medical malpractice causes harm to the patient, a medical malpractice claim or lawsuit is often warranted.

Your attorney will work to prove that:

• Liable parties owed you a duty of care, which any anesthesiologist or other medical provider owes their patient
• Liable parties (possibly including the at-fault anesthesiologist) violated their duty of care by acting in an unreasonable manner
• The violation of the duty of care was the cause of the anesthesia-related injury (or any other adverse outcome you’ve suffered)
• The anesthesia error has caused you harm, likely including both economic damages and non-economic damages

If your lawyer can prove this, they will have proved that negligence by a medical professional has harmed you or a loved one. Therefore, you should be entitled to compensation.

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What Do I Do After an Anesthesia-Related Injury?

You can take a few steps to help your case and ensure your ongoing recovery after an anesthesia error. You should:

• Continue getting (and documenting) all necessary care: Whatever injury you have suffered, you should always continue to receive care. Whether you are permanently disabled or recovering from injury symptoms, your ongoing health and safety are the most important considerations.
• Hire a medical malpractice attorney to handle your case: Medical malpractice cases should not wait. Not only will your attorney need to document the anesthesia error and gather relevant evidence, but they will also need to mind any filing deadlines related to your claim or lawsuit. 
• Rely on your lawyer for case-related advice: Your attorney will take the lead in every aspect of your case. They should issue you all the advice you will need. If you have any questions or case-related concerns, simply contact your attorney or another team member.

If you suffered an injury or have lost a loved one, you have plenty to worry about, including your recovery. Retain a medical malpractice lawyer to fight for your financial recovery so you can tend to your health.

How a Medical Malpractice Lawyer Will Help You (or a Loved One) After an Anesthesia Error

Those who hire medical malpractice lawyers are often astounded at how comprehensive their attorney’s assistance is. Your lawyer may initially need you to:

• Explain your account of the anesthesia error
• Provide any necessary statements to insurers or other liable parties (and your attorney will help with this)
• Provide any relevant evidence in your possession
• Hand over any documentation of your damages, such as medical bills

These are standard steps that should be fairly painless for you. The rest of your case will be far more involved and labor-intensive, which is why your attorney will handle the following responsibilities for you:

Documenting the Anesthesia Error

Your lawyer will seek documentation related to the procedure in which the anesthesia error happened. Your law firm may also hire one or more medical experts to explain:

• The details of the anesthesia error
• Whose negligence caused the anesthesia error
• What at-fault parties may have done differently to prevent the error
• How the anesthesia error has caused the harm you’re now experiencing

Attorneys know how to file letters of spoliation, which require medical providers to preserve and supply any evidence that may be relevant to your case.

Documenting the Harm You’ve Suffered Because of the Anesthesia Error

Many different types of documentation may illustrate the harm you’ve suffered because of the anesthesia error, including:

• Doctors’ diagnoses of conditions and symptoms caused by the error
• Medical bills for treatment of conditions resulting from the anesthesia error
• Your own account of pain and suffering
• Mental health providers’ diagnoses of your pain and suffering

If you have become disabled or taken a leave from work, your lawyer will document lost income, caregiver costs, and other damages you face.

Calculating How Much Money You Are Entitled To

Anesthesia errors come at a cost—often, a steep one. Your attorney will determine the cost of your injuries, trauma, and other damages.

If you have a disabling injury or are going to suffer harm for the foreseeable future, your attorney will account for future damages. They will explain the right approach for your case, whether allowing you to recover or projecting the cost of damages you’ll face in the future.

Demanding a Fair Settlement from Liable Parties

When your lawyer is certain of the value of your damages, they will:

• Determine who owes you compensation for your losses
• Initiate settlement negotiations
• Present proof of the negligence that caused the anesthesia error (and resulting losses)
• Put forth documentation of your losses
• Present their settlement demands

Liable parties have the power to accept your lawyer’s settlement demands. In many cases, insurance companies and other liable parties try to shirk financial responsibility. Your attorney will insist on a fair settlement and, if necessary, discuss other legal options with you.

Moving Forward with a Lawsuit, If You Choose To

Because attorneys want our clients to receive fair payment and move forth from an instance of medical malpractice as soon as possible, lawyers almost always fight to settle. The caveat is that any settlement you accept must be unequivocally fair for you.

If your lawyer engages liable parties in multiple rounds of settlement negotiations yet does not receive an acceptable offer, our team is ready to file a lawsuit for you.

Proceeding to Court, If You Choose To

While relatively few civil cases require a trial, medical malpractice cases can involve large sums of money. Whenever a large sum is in dispute, there can be a heightened possibility of a court case.

When you are considering prospective medical malpractice attorneys, look for a firm with an established track record of winning cases at trial. This will ensure that your attorney will be on solid footing if a court case is necessary.

Damages That Can Occur Because of an Anesthesia Error

Anesthesia-related errors can cause brain damage, nerve injuries, heart attacks, and many other serious health complications. Such injuries can be disabling and even fatal, and you should demand fair compensation for harm liable parties have caused.

Some types of damages that can result from anesthesia errors include:

Disability

If you or a loved one suffered a disabling injury, you may face:

• The cost of medical equipment
• Long-term pain and suffering (and related mental health services)
• Total loss of earning power
• Many other economic and non-economic damages

Medical malpractice lawyers are always prepared for the possibility of a disabled client, and will demand fair compensation for you.

Pain and Suffering

Injuries resulting from anesthesia errors can cause:

• Physical pain
• Mood and personality changes
• Loss of physical abilities
• Depression
• Sleep loss
• Lost quality of life
• Many other challenges that qualify as pain and suffering

Your attorney will assign a fair financial value to your pain and suffering, as well as any treatment you require for the pain and suffering.

Medical Expenses

You should not pay for the cost of negligent medical care, including dangerous anesthesia. Your lawyer will also demand compensation for any care you need to address the effects of the anesthesia error.

Professional Harm

Your lawyer will value any lost income, diminished earning capacity, and other professional harm stemming from the medical malpractice.

Get the Help You Need, Call an Experienced Medical Malpractice Attorney Today

A medical malpractice lawyer can also help if you lost a loved one because of an anesthesia error. Do not wait to find and hire a medical malpractice lawyer, as your case is likely subject to a filing deadline and other time-sensitive considerations.

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