Understanding Anesthesia Malpractice and Medical Negligence
Gregg Hollander | September 20, 2024 | Medical Malpractice
Anesthesia malpractice is a form of medical negligence. When a medical provider, including an anesthesiologist, fails to honor their duty to act in a reasonable manner (meaning placing the patient’s safety above all), they commit medical negligence. When the negligence is specific to anesthesia, you have anesthesia malpractice.
Many patients recognize the necessity of anesthesia, and most undergo sedation without issue. However, much can go wrong when anesthesiologists or other responsible parties fail to exercise due caution, are unqualified, or other types of negligence occur. Allow an anesthesia error lawyer to seek a financial recovery for you or a loved one harmed by anesthesia malpractice.
What Negligence Means in the Medical Context
Negligence means that:
- Someone (in this case an anesthesiologist or other party in the medical field) has a duty to act in a reasonable manner
- That party fails to act in a reasonable manner, causing harm to someone else (the patient) as a consequence
Medical malpractice lawyers generally prove that an anesthesiologist or other liable party committed negligence by:
- Explaining that the anesthesiologist owed the patient a duty of care: Every anesthesiologist has a duty of care to the patient, as does virtually everyone else involved in medicine. This fact will be the basis for your lawyer’s argument.
- Proving that the anesthesiologist fell short of their duty of care: Your attorney will use all relevant evidence and expert testimony to prove the anesthesiologist (or other liable parties) acted unreasonably.
- Proving that the breach of the duty of care caused the patient harm: Your attorney must establish the connection between the liable party’s breach of duty of care and the harm you’ve suffered, whether it is an injury, wrongful death, or another harmful outcome.
- Showing the damages the patient suffered because of the breach of duty: Your medical malpractice attorney will lastly prove the harm you have suffered because of anesthesia malpractice. Medical records, mental health professionals’ testimony, and several other types of documentation can be useful.
Because many aspects of medicine are inherently risky, a lawyer’s keen eye for negligence may be priceless. An experienced medical malpractice attorney will have made the argument for negligence many times, and they will use their experience when arguing on your behalf.
Examples of Anesthesia Malpractice (Which Can Be Injurious and Even Fatal)
Anesthesia errors are on the rise, and there is no single reason why such errors occur. The anesthesiologist, medical device manufacturer, medical facility, and other parties may be liable when:
- A patient receives too much or too little anesthesia
- A patient is not sedated soon enough or is sedated for too long
- A medication error causes an adverse reaction to anesthesia
- Someone administering anesthesia does not closely monitor the patient’s vital signs
- The anesthesiologist does not respond urgently or appropriately to signs of distress
- An anesthesia-related device malfunctions
- Any other anesthesia-related error causes harm to the patient
While anesthesia is an immensely useful medical tool, it can be dangerous and even lethal when administered improperly. Your medical malpractice lawyer will investigate the circumstances of your case and fight for a fair settlement.
Who Is Financially Responsible for Harmful Anesthesia Malpractice?
Medical errors are an immensely expensive problem, as you may already know. Your medical malpractice lawyer will rely on evidence, their experience, and expert opinions to determine who should pay for the cost of an anesthesia error that’s harmed you.
Some potentially liable parties in anesthesia-related malpractice cases include:
The Insurance Company Covering the Anesthesiologist
Most medical employees are covered by medical malpractice insurance. Therefore, there is a reasonable chance that your attorney will seek compensation from the insurer that covers the negligent anesthesiologist.
The Insurance Company Covering the Anesthesiologist’s Employer (or a Facility the Anesthesiologist Contracts With)
Not only do those who provide direct medical care generally have insurance, but their employers do too. It may be even more vital for hospitals and other medical facilities to maintain malpractice insurance, as these large entities often have more assets to lose in a legal case.
Parties Directly Responsible for the Anesthesia Error (Including the Anesthesiologist)
You may need to file a medical malpractice lawsuit if:
- Those responsible for the anesthesia error lack malpractice insurance (which is unlikely but possible)
- Coverage limits on liable parties’ medical malpractice insurance policies are lower than the cost of your damages
- Insurance companies do not handle your claim in good faith
- Insurance companies do not offer a fair settlement for any reason
Employers can have strict liability for the actions of their employees. Therefore, you can sue a medical facility or other employer if the negligent anesthesiologist was their employee at the time of the error.
Your medical malpractice lawyer should have ample experience with both insurance claims and lawsuits. Therefore, they can lead a claim and seamlessly transition to a lawsuit if necessary.
What to Do If You’re Injured or Grieving Because of Anesthesia Malpractice
When an anesthesia mistake happens, the victim must first ensure they’re not at further risk of injury. It is essential that you get any medical care that you require.
Your next priority may be to hire a medical malpractice lawyer who has represented others injured because of anesthesia-related malpractice. You may want to hire a lawyer because:
- Your recovery demands your time and attention: Anyone harmed by an anesthesia error must prioritize their health. Stress alone may stall your recovery or even cause additional health complications. Protect yourself by letting a lawyer handle every step of your case.
- Anesthesia error claims and lawsuits are heavy lifting: There is a reason you trusted medical professionals. Medicine is a complicated field, so it’s no surprise that medical malpractice cases are similarly complicated. Work with a lawyer who understands complex medical concepts and has access to experts who are ultimately qualified to contribute to your case.
- Your law firm will cover your case costs: Many who suffer the effects of anesthesia errors are unable to work, face expensive medical bills, and cannot stand further financial uncertainty. Your law firm will cover the cost of completing your claim or lawsuit through a contingency fee arrangement. Your lawyer will only receive a fee if you receive a settlement or verdict.
You are an injured patient, but you are not an attorney. When it comes time to seek a fair financial recovery for harm caused by medical malpractice, allow an experienced lawyer to fight for you.
What Should I Do After Losing a Loved One Because of a Fatal Anesthesia Error?
Losing a loved one is arguably the most compelling reason to hire a lawyer. Those affected by fatal anesthesia errors often turn to lawyers for help because:
- The grief that follows a malpractice-related death can be all-consuming
- You may be occupied with mental health treatment, estate-related demands, and your day-to-day responsibilities; preventing you from handling a wrongful death lawsuit
- Any wrongful death case, including those involving anesthesia malpractice, has high financial stakes that typically warrant hiring a lawyer
- Most people affected by fatal anesthesia errors lack legal training, trial experience, and other qualifications that help during a lawsuit
Those who file wrongful death cases also get the law firm’s financial support. Expect your chosen firm to cover case-related expenses and only receive a fee if you get a settlement or jury award.
Your Legal Team Will Handle Your Medical Malpractice Case from Consultation to Trial (If It’s Necessary)
Medical negligence cases sparked by anesthesia errors can take months to resolve. These are highly complex cases that often require participation from medical experts, significant financial resources, and a high-level understanding of the civil justice system.
Hiring a lawyer is a logical decision in the face of a medical malpractice case, and you can expect your lawyer and their team to:
Quickly Investigate and Document the Anesthesia Malpractice
The first priority is determining that malpractice occurred. Your lawyer will investigate and document any anesthesia malpractice by:
- Recording your account of your experience
- Securing any witness accounts, medical records, and other evidence related to the anesthesia malpractice
- Hiring one or more medical experts to testify that negligence occurred (as well as analyze any evidence your lawyer obtains)
Every medical malpractice investigation is independent. Your lawyer will start their investigation as soon as possible, and they can only begin once you have hired them.
Document Damages Caused by the Anesthesia Malpractice
You will hire a lawyer because you have suffered harm and want justice. Your lawyer must, then, document the harm you’re seeking compensation for. Documentation of your malpractice-related damages may include:
- An independent medical provider’s documentation of malpractice-related injuries and symptoms
- Medical bills for care required because of the anesthesia malpractice
- Medical experts’ projections of the treatment you’re going to need in the future
- Mental health experts’ diagnoses of malpractice-related pain and suffering
- Bills for mental health treatment you need because of the medical malpractice
You should also receive fair compensation for lost income and any other professional damages resulting from malpractice. Your attorney will use any bank statements, employment records, and other documentation proving your professional damages.
Determine How You Should Seek Compensation for Your Damages
You deserve to know your lawyer’s strategy before they execute it. You should also have a say in major case decisions, and that requires knowing the plan.
Your lawyer will:
- Determine whether liable parties have medical malpractice insurance
- Review the malpractice-specific insurance policies
- Identify coverage limits and other relevant details of insurance policies
- Speak with you about your eligibility to sue
- Identify the strategy that is most appropriate for your unique case
Experienced anesthesia malpractice lawyers empower their clients but take lead on the case. You should know the plan (and approve of it), but trust your lawyer with the day-to-day responsibilities of your claim or lawsuit.
Lead the Claims Process (and Any Necessary Lawsuit) for You
Lawyers are micro managers in the best sense of the word. Your attorney and their team will oversee every detail of the claims process and legal process for you. You don’t have to worry for a second about your case, as your legal team will be responsible for every detail.
Pursue a Settlement
You will expect your medical malpractice attorney to either negotiate a settlement or secure a verdict for you. Settlements are the most common outcome for anesthesia malpractice cases because:
- Settlements are the most efficient way for you to get fair compensation
- Going to trial is more expensive than settling and may entitle your attorney to a larger fee percentage
- There is always risk associated with trial, including not getting the financial outcome you and your lawyer seek
Insurance companies and medical providers also face risk when they are involved in a trial, so every side may be motivated to reach a fair settlement.
Lead Any Necessary Court Case
Despite the benefits of settling and risks of trial, going to court is sometimes the right decision for plaintiffs in medical malpractice cases. If this is true in your case, your legal team will handle every step of the trial for you.
Damages Your Attorney Will Weigh as They Craft Their Settlement Demands
Any medical error has the potential to cause severe pain, disability, death, and other disastrous outcomes. Anesthesia is associated with brain damage and other particularly serious injuries, which can cause:
Physical Pain, Distress, and Other Types of Pain and Suffering
If you awake from anesthesia to any kind of abnormal outcome, you may face distress. If you have suffered an injury because of an anesthesia error, you may also suffer:
- Physical pain and discomfort
- Emotional distress
- Lost quality of life
- Physical and cognitive problems
Your medical malpractice lawyer will determine how much compensation you deserve, both for your pain and suffering and any related treatment.
Medical Expenses
Your medical malpractice case will include the cost of all medical care related to the anesthesia error. This should include the cost of negligent medical care and any treatment you need to address health problems resulting from the error.
Professional Harm
Your lawyer will calculate and seek compensation for your professional damages. This may include the permanent loss of income if you are disabled because of anesthesia malpractice.
Hiring an Anesthesia Malpractice Attorney Requires Urgency, Don’t Delay
A lawyer will lift a mountain of stress off your shoulders, and this is exactly what you need right now. Research medical malpractice lawyers in your area to find a firm that handles anesthesia error cases.
Consultations are free, so take full advantage. Don’t wait to find your lawyer.