Anesthesia Malpractice Cases Examples
Anesthesia has many medical applications, and anesthesiologists are highly trained in this medical procedure. Anesthesia is usually used to transition medical patients into an unconscious or semi-conscious state. The vast majority of the time anesthesia is applied safely and without significant consequence, but when mistakes happen the results can be devastating and irreversible.
If you suspect that you or a family member have been injured because of anesthesia error, the medical malpractice attorneys at Zayed Law Offices encourage you to contact us or call us in order to schedule a free, no-obligation consultation.
Illinois Medical Malpractice Law Firm
There are four types of anesthesia:
- General–total loss of consciousness;
- Spinal–also known as an epidural, used in cases of surgery on the lower part of the body;
- Regional–when anesthesia is injected near a nerve to block pain signals to the brain; and
- Local–numbing skin and tissue directly below the skin.
Anesthesia errors are usually found in the application of general anesthesia or spinal anesthesia.
Common Anesthesia Errors and Deviations from Standards of Care
Anesthesia errors can be made by any number of medical professionals including but not limited to anesthesiologists and nurses. The essential first step before applying anesthesia is to review patient history, select the appropriate anesthesia, and to determine the accurate dosage. Anesthesia errors are commonly the product of:
- Negligent review of patient risks and history
- Anesthesia overdose
- Applying too little anesthesia
- Allergic reactions
- Dangerous drug interactions
- Inadequate monitoring of a patient who is under anesthesia
Effects of Anesthesia Error
The effects of improper application of anesthesia can be devastating. The range of effects is anywhere from brain damage, to paralysis, to wrongful death. More specifically injuries can include:
- Brain Injury
- Wrongful death
- Heart attack
- Being awake and aware during an operation
Our experienced anesthesia attorneys at Zayed Law Offices will be able to marshal the facts of your case in order to command insurance companies to pay you or your family member the compensation you deserve. Our aim is recovering the maximum compensation available under our legal system in the United States. Contact us today for a free case evaluation.
Medical malpractice is a term used to describe conduct that deviates from the applicable standard of care. A standard of care is a generally a minimum level of care that should be exercised by a health care provider. A standard of care requires healthcare providers to exercise the same degree of knowledge or care that a reasonably careful healthcare provider would use. Violations of a standard of care occur when a healthcare provider does something that a reasonably careful provider would not do or when a provider fails to do something that a reasonably careful provider would not do.
Once the doctor-patient relationship has been established, the healthcare provider must adhere to the applicable standard of care. A patient bringing a medical malpractice claim must show that the healthcare provider breached the applicable standard of care, that the breach caused injury, and that the breach caused the patient’s injuries.
Prosecuting a claim for medical malpractice can be time consuming, complicated, and costly. Contacting an attorney who has a proven track record of excellence is an essential part of bringing a successful medical malpractice claim.
Very often doctors undertake risky procedures without any guarantee of success, and a bad result alone is not evidence of medical malpractice. One of the most solid grounds for suspicion of medical malpractice is when the results of a procedure are widely unexpected. It is important to look into any suspicions of medical malpractice, and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.
In the event of medical malpractice, health care providers can be held responsible as well as the institutions they are affiliated with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.
Two years is the general time limit for filing suit for injury or death in Illinois. However, there are many nuances that apply to medical malpractice statutes of limitation. The statute of limitations for medical malpractice lawsuits is from one to seven years depending on the facts of the case. It is best to contact a personal injury attorney in order to consult with an attorney who will guide your case through the gauntlet of applicable statutes of limitations.
One of the most important things to do in the event of a suspected medical malpractice is to avoid outright accusations toward your healthcare provider. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review the records and provide guidance on your potential cause of action.
Signing a consent form means you have acknowledged that there are known risks associated with your medical treatment. A signed consent form does not mean that you have consented to medical treatment below the applicable standard of care owed by all healthcare providers to their patients.
Amounts recovered from medical malpractice lawsuits are generally not taxable.
All patients have a legal right to obtain a copy of their medical records. These requests should be made in writing and must include details like the patient’s social security number, address, date of birth, etc. Requesting medical records can be very timely and may require payment of fees to the records department providing the records.