Miami Anesthesia Malpractice Attorney
Medical Malpractice Lawsuits Over Anesthesia Errors
Anesthesia is used widely in the practice of medicine and various elective, dental, and cosmetic procedures.
Whether it’s a local injection administered by an orthodontist, a spinal block used before an orthopedic procedure, or general anesthesia that renders a patient completely unconscious prior to a surgery, anesthesia’s ability to block pain and control the body’s biological response to stress is an important tool in modern medicine.
Though common, anesthesia is still accompanied by considerable risks. Mistakes made by providers in preparing and administering anesthesia can increase a patient’s risk of suffering serious injury, or death – and may constitute the grounds for a medical malpractice lawsuit.
GRYC: Proven Trial Attorneys. Proven Results.
Gross Roth Yaffa Cohen is a Miami-based trial practice focused exclusively on fighting for the injured and the wronged. Since 1988, our team has cultivated a legacy of success in challenging and high-stakes litigation – including claims against medical professionals who failed to uphold their duty of care.
With a record of national and international success, we’ve been trusted by clients, communities, and colleagues across Florida and beyond. Here are a few reasons why:
- Over $1 billion in verdicts and settlements recovered for our clients, including multiple 7-figure recoveries in cases involving medical negligence.
- Landmark cases that have helped shape medical malpractice laws, expand victims’ rights, and prompt needed changes in quality of care
- Nationally recognized trial attorneys named among Florida Super Lawyers®, The Best Lawyers in America®, the Lawdragon 500, and other premier legal rating services.
If you or someone you love have suffered due to an anesthesia error anywhere in South Florida or the U.S., our Miami lawyers can help. Call or contact us online for a FREE consultation.
How Do Anesthesia Errors Happen?
Anesthesia is administered for a variety of procedures in hospitals, outpatient facilities, ambulatory surgical centers, and doctors’ offices. Whether coordinated by an anesthesiologist, certified registered nurse anesthetist (CRNA), or others, providers have an obligation to ensure proper use of anesthesia, and the safety of patients.
Unfortunately, medical professionals can make costly mistakes involving anesthesia, including:
- Dosage errors: The wrong dose (too little or too much anesthesia), delays in administering anesthesia, or administering the wrong type of anesthesia can cause injury or death.
- Intubation errors: Some patients who receive anesthesia are also intubated. Failure to correctly intubate or monitor intubation can have devastating consequences.
- Failure to monitor: Providers must carefully monitor patients when placing them under anesthesia, and watch their oxygen levels and vital signs for potential indicators of distress.
- Failure to identify or treat complications: If complications arise or patients experience adverse reactions to anesthesia, timely recognition and response is crucial.
- Administrative errors: The use of anesthesia often requires collaboration among various providers and administrative staff. Errors involving communications or hand-offs, patient history, informed consent, medication supply, and patient instructions can greatly increase risks, as can poor protocols and practices used by hospitals or medical centers.
- Intraoperative Fires
Anesthesia malpractice can substantially increase a patient’s risks of suffering injuries such as
- Allergic reaction (anaphylaxis)
- Intubation injuries
- Heart attack
- Brain damage
- Blood clots
- Anesthesia awareness (regaining consciousness during surgery)
- Wrongful death
Can I File a Medical Malpractice Lawsuit Over an Anesthesia Error?
That depends. The unique facts of your case will need to be thoroughly investigated in order to determine whether you have grounds to take civil legal action.
Generally, whether your claim has merit will depend greatly on two factors:
- Whether the anesthesiologist, treating provider, and / or hospital or facility breached their duty of care by failing to act in a manner a reasonably skilled and experienced medical professional would have acted under the same or similar circumstances; and
- Whether the provider’s substandard care was a substantial cause of your injury and losses.
At Grossman Roth Yaffa Cohen, our legal team has refined the processes by which we investigate, research, and construct medical malpractice claims. Backed by a team of award-winning trial lawyers, paralegals, and medical investigators, and well-connected with leading experts who can provide their opinions and testimony, we have the resources required of these complex cases.
Who Can Be Held Liable For Anesthesia Malpractice?
If an anesthesiologist deviated from the standard of care and caused preventable injury, they may be held liable for victims’ damages – which can include pain and suffering, lost income, medical expenses, and other financial or non-economic losses.
Depending on the circumstances, it may also be possible to hold other parties or entities financially responsible for damages. This may include other providers involved in a patient’s care, or hospitals and medical facilities – depending on whether they employed or contracted an anesthesiologist. For example, it may be possible to argue:
- Vicarious liability: In situations where hospitals employ an anesthesiologist who negligently causes injury, the hospital may be held vicariously liable for resulting damages.
- Negligent hiring and supervision: Hospitals and medical facilities are not generally liable for the conduct of independent contractors, but they may be held liable for damages caused by providers working as independent contractors if they were negligent in hiring and / or supervising the contractor, depending on the circumstances.
Though patients injured by medical negligence have the right to compensation, it’s important to know that Defendants in malpractice cases – be they individual practitioners, hospitals, or the insurance carriers that represent accused providers – go to great lengths to shield themselves against liability. As powerful corporations, these parties often prioritize profits over people, and throw tremendous resources at disputing, denying, and underpaying claims.
To level the playing field, victims need to work with proven attorneys.
At GRYC, our team not only helps clients find level footing to fight back against powerful corporations, we also carefully scour the circumstances surrounding incidents to ensure accountability is pursued against all liable Defendants.
Call (866) 629-1061 For a FREE Consultation
Our Miami anesthesia error attorneys at Grossman Roth Yaffa Cohen serve victims and families across Florida and the U.S. If you wish to learn more about your rights, legal options, and how our nationally recognized trial team may be able to help, please call or contact us online.
We FREE case evaluations, and handle malpractice cases on contingency fees. This means there are no up-front costs to hiring our firm, and no fees unless we win.
Changing Lives by Changing The Law
Since our firm opened, we've made it our mission to get justice for our clients and their families. We've not only taken on cases that other firms had turned down, but we've also fought to get unjust laws and restrictions overturned or modified.
A Team of Legal Professionals
Complex legal cases require extensive research, trial experience, and industry knowledge, which is why we always have a team of attorneys working on every case we take on. Our team-centric approach to litigation means that we're able to really focus on getting our clients the best possible outcome.
There Are No Upfront Legal Fees
We handle all of our claims on a contingency fee basis and will handle all legal fees, court costs, and expert fees related to your specific case. With decades of experience in this industry, we have a wealth of experts we work with routinely to ensure your case is handled with the utmost care.
We Understand the Medicine
Our attorneys not only take the time to understand the evidence in your case, but also the pathology and medical techniques used in your specific situation. We believe that any attorney that takes on these types of cases needs to be on equal footing with medical professionals and physicians.