When patients undergo surgical procedures, they trust their anesthesiologists to administer anesthesia and monitor them closely and carefully. Although multiple factors can cause anesthesia errors, negligence is often the cause. When an anesthesiologist, nurse, or other medical professional makes an anesthesia error, patients can become severely injured. Serious anesthesia errors can also cause a patient’s untimely death.
If you have suffered injuries due to anesthesiology errors, we understand the pain and hardship you may be going through. You may be entitled to financial compensation for your damages. Rochelle McCullough, LLP, has extensive experience representing seriously injured patients. During a complimentary case evaluation, we will carefully review the facts in your case, answer your questions, and help you understand your legal options.
Common Anesthesia Errors
Unfortunately, anesthesiology errors are among the most common medical malpractice claims. Anesthesia errors can happen at any point during the surgery and while the patient is recovering. Some of the most common yet severe injuries caused by anesthesia mistakes include, but aren’t limited to, the following:
- Delayed delivery of anesthesia
- Dosage errors
- Administering anesthesia that harmfully interacts with the patient’s medication
- Using defective medical devices during anesthesia
- Discharging patients before the anesthesia effects have worn off
- Failure to carefully monitor the patient
- Dangerously prolonged sedation
- Failure to properly inform a patient of instructions before, during, or after the medical procedure
- Faulty equipment
- Failure to intubate
- Shutting off the pulse oximeter alarm
- Failure to diagnose and treat anesthesia complications
Anesthesia Errors Can Cause Severe or Fatal Injuries
The use of anesthesia during surgical procedures comes with inherent risks. However, when an anesthesiologist engages in negligence, the patient can suffer preventable injuries. The consequences of anesthesia errors depend on the type of medical mistake made and the response from the medical team.
In addition to physical injuries, these types of errors can cause patients to experience extreme emotional trauma, especially if they become conscious during the surgery. Common injuries caused by anesthesia errors include the following:
- Stroke
- Brain damage
- Blood clot formation
- Organ failure
- Permanent paralysis
- Seizure
- Brain damage
- Wrongful death
What Should I Do If I’ve Suffered an Injury or Loss Because of Anesthesia Mistakes?
Your first concern after an anesthesia error should be to receive medical treatment as soon as possible. Notify your doctor and other medical procedures about your suspicions. Documenting your concerns and medical assessments in writing can help you prove your claim for compensation.
After you’ve received medical treatment, speaking to an experienced medical malpractice attorney is crucial. Your attorney will be able to immediately step in and preserve the physical evidence and witness statements you’ll need to prove your claim for compensation.
Proving Liability in an Anesthesia Error Lawsuit
Recovering compensation through an insurance claim or medical malpractice lawsuit requires the victim to prove liability. Proving liability requires the patient to prove the at-fault party, or parties failed to provide the patient with the same standard of care that another doctor with similar expertise in the same geographic area would have provided a patient. Several parties may be liable for anesthesia errors, including the following:
- A physician
- An anesthesiologist
- Nursing staff
- Manufacturers of medications
- Distributors of medication
Holding the Negligent Anesthesiologist Liable
The anesthesiologist can be held liable for committing medical malpractice. For example, if the anesthesiologist provided the wrong type of dosage of anesthesia, causing an injury, you will have grounds to pursue a lawsuit against him or her.
In other cases, anesthesiologists fail to take a complete patient history and consider the patient’s medical history. Similarly, when anesthesiologists fail to monitor patients carefully, they can be held responsible for injuries caused by their negligence.
Holding Negligent Doctors and Nursing Staff Liable
Doctors and nursing staff can also be liable for anesthesiology errors. The physician treating the patient during surgery or who diagnosed the condition can be held liable for resulting anesthesia errors. For example, if the diagnosing physician provides the anesthesiologist with incorrect information or refers the patient to unnecessary surgery, he or she may be liable.
Additionally, when nursing staff engage in errors, such as a lack of supervision or incorrectly conducting medical procedures, they can be held liable. Generally, nursing staff members share liability with the physician or surgeon responsible for directly supervising them.
Damages Available in Medical Malpractice Lawsuits in Texas
Patients injured by anesthesia errors can pursue compensation through a medical malpractice lawsuit in a civil court in Texas. Successful plaintiffs in medical malpractice cases will collect compensatory damages, which fall into two categories: economic damages and noneconomic damages. Economic dangers include easily quantifiable damages caused by the anesthesia errors, such as:
- Medical bills
- Therapy costs
- Lost wages
- Nursing cares
- Other out-of-pocket financial expenses
Non-economic damages are intended to compensate the victim for emotional distress, loss of enjoyment of life, disability, disfigurement, and pain and suffering. In medical malpractice cases, non-economic damages are always capped. In most cases, plaintiffs can recover up to $250,000 in non-economic damages. When medical malpractice causes the patient’s death, noneconomic and some economic damages will be capped.
Rochelle McCullough, LLP has the resources and professional network to determine your past carefully, current, and future damages. We regularly work with financial and medical experts to determine the full amount of damages our clients have suffered. After we determine the value of your case, we will begin negotiating with the at-fault parties to pursue the most compensation possible in your case.
Discuss Your Anesthesia Error Case with a Dallas Medical Malpractice Attorney
At Rochelle McCullough, LLP, we’ve successfully represented medical malpractice victims throughout Texas for decades, including those who’ve become injured for over 40 years. We know the unique aspects of medical malpractice lawsuits and have the trial experience and skills to work diligently to maximize your financial recovery.
Our attorneys have an in-depth understanding of how courts and juries in Texas view medical malpractice cases. Contact Rochelle McCullough, LLP to schedule a complimentary case evaluation. You won’t pay any legal fees until we obtain compensation for your damages.
We extend our medical malpractice legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.