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.
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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 Mistakes Can Happen at Any Hospitals in the Chicago Area
When you need a medical procedure in the greater Chicago area, you may choose from many respected, modern, and competitive hospitals.
Options for Chicago hospitals include:
- Advocate Christ Medical Center
- University of Chicago Medical Center
- Loyola University Medical Center
- NorthShore University HealthSystem-Metro Chicago
- Rush University Medical Center
No matter how outstanding the reputation of the hospital your procedure was performed in, or how well-known the doctor who performed it was, mistakes can and do happen. When medical malpractice injures you, you deserve compensation for your damages.
Medical malpractice occurs when the procedure you received deviates from the standard of care applicable in that situation, as we’ll discuss below. Knowing when you have experienced medical malpractice requires understanding the normal risks of the procedure and whether your injuries happened outside the scope of what is acceptable.
Experienced Medical Malpractice Attorneys From Zayed Law Offices Are Here to Help
You can recover damages if a medical procedure injured you or are experiencing abnormal pain and suffering following the procedure. Knowing when medical malpractice has happened requires knowledge of the standard of care, relevant cases and settlements similar to yours, and the procedure to apply this knowledge to achieve the best possible outcome in your case.
This information is not easy to come by, as settlements are often private and kept out of the courts. Reading through endless cases to figure out what is relevant to your claim can take quite a bit of time. This is where the value of medical malpractice attorneys becomes apparent, as they have the knowledge and experience you need to demonstrate your injury and the damages you deserve.
The medical malpractice attorneys from Zayed Law Offices have decades of combined experience working on medical malpractice cases and can apply this knowledge to support the ideal outcome in your case. To measure your damages, you’ll need additional expert opinions from medical experts and occupational experts. They will determine what injuries you have experienced and how they will impact your ability to work in the future.
An injury from a medical procedure that impacts your ability to work due to a short- or long-term disability entitles you to damages for your injury. These damages include what you can no longer earn. As we’ll discuss below, accurately calculating the damages associated with your injury is a complex process that requires both experience in the area as well as an understanding of relevant case outcomes and precedent.
Medical Malpractice Damages Include Short and Long-Terms Costs and Losses
Determining what you are entitled to for your medical malpractice injury requires the calculation of all of the costs linked to your injury, including medical care and lost wages.
In the short term, you may need medical treatments to overcome your injury, as well as medications and rehabilitation. In the long term, there could be ongoing pain treatments, rehabilitation, and other demands to help you maintain your health after the injury. These costs should all be a part of the compensation you collect for your injury, but you can only collect what you can accurately compute and then demand.
Your compensation should also include lost earnings and income potential outside of the significant medical costs associated with your medical malpractice injury. In the period immediately after your injury, you will be unable to return to work until you sufficiently heal. You are entitled to have your lost wages replaced within the context of your claim.
Outside of lost wages in the short term, your damages should also include your lost earnings potential due to your medical malpractice injury. Suppose you cannot return to work that pays as well as before your injury. In that case, you are entitled to compensation from the time of your injury through your working life.
Measuring these damages requires complicated calculations that measure future value in current dollars, take into account changes in the cost of living and inflation, and account for a variety of other factors. An experienced medical malpractice attorney knows how to determine what you are entitled to.
Insurance Companies Benefit From Denying or Paying Less on Your Claim
The party responsible for paying for your damages will be an insurance company paid by your doctor or the healthcare facility. Insurance companies are for-profit organizations. They profit by maximizing the premiums they collect from their doctor and hospital customers. At the same time, they minimize costs by reducing what they pay out in claims by denying whichever they can and paying as little as possible on those they must approve.
If you receive a settlement offer from the insurance company following your medical malpractice injury, it is essential to know that the settlement offer prevents you from collecting further damages in the future. The purpose of a quick offer of settlement from the insurance company is not to provide you with a benefit but to save the insurance company and support their profit margins.
Suppose you have suffered an injury in a medical malpractice injury, the damages that you are entitled to extend beyond your medical bills and lost wages. Initial offers of settlement might seem to cover these costs and then some and might seem attractive to you.
Accepting a settlement offer without first consulting with a medical malpractice attorney to measure the actual damages your injury will entail might leave you footing the bill in the future. With a medical malpractice attorney by your side as soon as possible after your injury, you will collect the evidence you need to collect the total compensation you are entitled to.
In the following FAQ, we’ll explore common questions that you might have about medical malpractice claims, as well as how a medical malpractice attorney can help you collect the full compensation you are entitled to for your injuries.
The “standard of care” relevant to medical malpractice is related to the basic level of quality and care that a reasonable medical professional would apply for the procedure in question. This is an industry norm or standard and something that you can expect to receive on your medical procedure regardless of which doctor or medical center provides for your treatment. The standard of care for a given procedure might include certain steps to be completed or particular steps or actions to avoid. Medical malpractice occurs when a part of your treatment does not meet the standard of care, it causes injury, and that injury causes you damages. When medical treatment does not meet the standard of care and causes injury, you are entitled to damages, but how do you know when someone has violated that standard? Medical professionals understand this. Experienced attorneys who have worked on medical malpractice cases know what to look out for. If you have experienced an injury from your medical procedure, reach out to a medical malpractice attorney as soon as possible. They can help determine whether you have a case and, if so, collect total possible compensation for your injuries.
You have a medical malpractice claim when you have suffered an injury during a medical procedure due to a violation of the duty of care on behalf of the doctor or healthcare facility. However, knowing when this has happened is almost impossible for a person without medical training or experience with medical malpractice cases to know. Suppose you ask your doctor about your injuries after the procedure. In that case, you might receive an explanation that is not entirely accurate. You might be led to believe that your injury and the associated pain are a normal part of the procedure. It is not in the best interests of doctors and healthcare facilities to admit when they have engaged in medical malpractice, as their insurance premiums may increase if they are found liable for medical malpractice. Determining whether your procedure violated the standard of care is complicated, but with help, you can do it. It requires that medical professionals analyze your medical records with a knowledge of what the procedure should entail and what might have gone wrong in yours. Medical experts will investigate your procedure, and your medical malpractice attorney will know what to look for in cases similar to yours in the past. Whether you have a medical malpractice case depends upon the unique facts and circumstances of your procedure and how you frame your claim for damages.
While you might be hesitant to bring a medical malpractice case because you don’t want your doctor or hospital to have to pay for your damages, that is generally not the case. Instead, it will be the insurance company of your doctor and/or healthcare facility that will be liable for your damages.
Doctors and healthcare facilities carry medical malpractice insurance specifically to insulate themselves from the risk of malpractice, as mistakes can and do happen. When mistakes happen, and patients suffer injuries, they are entitled to damages through a medical malpractice claim, and you can achieve this either by successfully filing a claim with the insurance company or through a lawsuit.
If you have suffered an injury from a medical procedure, contacting a personal injury attorney with a focus on medical malpractice will ensure that your claim comes together completely and accurately and that you calculate the damages you are entitled to carefully and correctly. The insurance company is motivated to deny whichever claims it can and pay as little as possible on those claims they agree to pay, so you must assemble the evidence you need to demonstrate the damages you need to recover compensation for.
Suppose you have damages from a medical malpractice injury. In that case, you must seek them within a certain amount of time, or you sacrifice your right to do so. This is called a statute of limitations, which is an expiration date during which you can bring a claim for your damages. If the time during which you can bring the claim has lapsed, you can no longer collect damages linked to that injury. For example, suppose a certain type of injury has a one-year statute of limitations. In that case, the injured person must seek damages within one year from the date of the initial injury. In general, Illinois has a two-year statute of limitations for injury or death; however, medical malpractice is more complex. The statute of limitations for medical malpractice ranges from one to seven years. Which statute applies to your claim will depend upon your injury’s unique facts and circumstances. Reaching out to a medical malpractice attorney as soon as you can following your injury will file your claim on time, and you have no worries about missing out on your ability to collect what you deserve.
After you have suffered an injury in a medical procedure, the first step to take is to seek out emergency medical care for your injury and its symptoms. You must address the injury as soon as possible to ensure that it does not worsen. Once you have received emergency medical care, it is then time to reach out to your medical malpractice attorney from the Zayed Law Offices.
Your medical malpractice attorney can guide you through the process of collecting your medical records then help you assemble a complete application to begin the claim process.
The insurance company can deny even the most completely and accurately filled out medical malpractice claims. A denial does not necessarily mean that your claim is without merit. But rather, sometimes, the insurance company uses an improper denial to encourage you to take a lesser settlement or delay the payment you are to receive.
Knowing when the insurance company is playing games with you can be difficult if you don’t have experience working on medical malpractice cases and with insurance companies.
Sometimes before you can have a medical procedure completed, you will be asked to sign a waiver or consent form. Through these forms, you generally will accept the most common risks that are associated with the procedure, as they are common and a risk that you must accept for the procedure to proceed. These risks are a part of the procedure. Still, no one can ask you to sign or waive your right to pursue damages if you have experienced medical malpractice. Medical malpractice is an injury that has happened due to a violation of the standard of care your healthcare facility and doctor owe you. A violation of the standard of care means that the doctor or healthcare facility has engaged in negligence or recklessness, and even if you signed a waiver or consent form, your doctor will still be liable for injury caused by negligent or reckless behavior. Determining when you have a claim can be difficult, and your medical malpractice attorney can help frame your case and make the most of your damages.
The time to contact a medical malpractice attorney is as soon as possible after you have received the necessary medical care for your injury. While the last thing that you expect to need after a medical procedure is additional medical care, when you have experienced a medical malpractice injury, that is what you’ll require. Seek out emergency medical attention as soon as you realize you are injured, and after, reach out to a medical malpractice attorney. You will need a copy of your medical records, which we detail the simple procedure to get below, and from there, your medical malpractice attorney will line up medical and occupational expert opinions so that you can accurately compute your damages to receive the full compensation you are entitled to.
You have a legal right to acquire a copy of your medical records, and getting them is as simple as requesting a copy from the records department. You may need to pay a nominal copy fee, but you do not need to provide a reason for why you want them, nor should you. Never accuse your doctor or healthcare provider. Instead, simply get a copy of your medical records and reach out to a medical malpractice attorney as soon as possible.
You might be under the impression that medical malpractice attorneys are too expensive for you to afford, but that is not the case. If a medical malpractice attorney takes your case, they may be willing to work with you on a contingency basis.
Working on contingency means that you pay nothing out-of-pocket, and your attorney only collects payment if they win your case. The amount your attorney collects is a percentage that you agree upon before they begin representation. The more your attorney makes, the more that you make. Your attorney is motivated to achieve the best possible outcome in your case for the mutual benefit of all parties involved.
You are not obligated to pay an attorney anything until you agree upon the payment rate and sign an agreement. If you suffered an injury in a medical procedure, reach out to a medical malpractice attorney from Zayed Law Offices now for a risk-free consultation to determine if your case is a fit with our firm, and if so, what options are available to make the most of your compensation.
Your medical malpractice attorney will step into your shoes and handle all communications and negotiations with the insurance company to ensure the best possible outcome in your case. When you have suffered an injury, you have your recovery to focus on, in addition to any further medical treatments or rehabilitation to get past your injury. Working with a medical malpractice attorney takes the stress of your claim out of your day-to-day life so that you can focus on recovering from your injury while your attorney focuses on making the most of your compensation. The time to contact a medical malpractice attorney is as soon as possible after your injury. You’ll start by requesting your medical records from the records department, as detailed above. Then, your medical malpractice attorney can review the information in your case file, compare it to the standard of care in the field, and consult with experts to determine if your procedure met the standard of care. If it did not, you may recover damages, and your medical malpractice attorney from the Zayed Law Offices is standing by now to help on your case.
Medical Malpractice: The Basics
You have likely heard of medical malpractice, whether on television, in the movies, or even on billboards or advertisements for law firms, but you might not know how it applies to you and your injury. Medical malpractice refers to an injury caused by a medical professional who violated the standard of care.
There are many examples of medical malpractice, including:
- Surgical errors
- Medication errors
- Anesthesia errors
- Failure to diagnose or delayed diagnosis
- Birth injuries
- Delay of treatment
Infections contracted in the hospital (nosocomial infections)
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.
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.
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.
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.