Helping Victims of Anesthesia Errors.

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Anesthesia Malpractice Attorneys

Anesthesia is used widely in the practice of medicine and various elective, dental, and cosmetic procedures, but unfortunately, accidents and errors happen. When they do, patients are hurt. Mistakes made by healthcare providers in preparing and administering anesthesia can cause suffering, serious injury, or death to a patient – and may constitute grounds for a medical malpractice lawsuit.

Whether it’s a dosage error in a local injection by an orthodontist, an improperly administered spinal block for an orthopedic procedure, or a mistake with general anesthesia used to render a patient completely unconscious for surgery, anesthesia errors can be traumatic and costly for an injured patient.

Grossman Roth Yaffa Cohen stands ready to help. Contact our experienced team today to schedule 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 (C.R.N.A.), or other provider, the medical professionals and facilities providing care have a legal obligation to administer the anesthesia safely.

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 communication or hand-off, 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.
  • Surgical fires: Also known as intraoperative fires, surgical fires are rare but devastating. O.R. staff should be properly trained on prevention and proper handling of surgical fires to minimize the risk of injury to patients.

Injuries Caused by Anesthesia Errors

Anesthesia malpractice can substantially increase a patient’s risks of suffering injuries such as:

  • Allergic reaction (anaphylaxis)
  • Pneumonia
  • Intubation injuries
  • Stroke
  • Heart attack
  • Brain damage
  • Blood clots
  • Anesthesia awareness (regaining consciousness during surgery)
  • Wrongful death

Can I File a Medical Malpractice Lawsuit for 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:

  1. 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
  2. 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, as well as a network of leading experts who can provide their opinions and testimony, we have the resources, experience, and dedication required for these complex cases.

Who Can Be Held Liable For Anesthesia Malpractice?

If an anesthesiologist or other medical provider deviated from the standard of care and caused preventable injury to a patient, they may be held liable for the harm that they have caused – which can include pain and suffering, lost income, medical expenses, and other economic and non-economic losses.

Depending on the circumstances, it may also be possible to hold other parties or entities financially responsible for your damages. This could include other medical providers, hospitals, or medical facilities. Some of the legal situations that can lead to holding other parties liable in an anesthesia malpractice lawsuit include:

  • 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: Sometimes, a physician is not an employee of the hospital but is hired as an independent contractor. 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.
  • Negligent practices and policies: A healthcare facility is responsible for the operational and safety procedures followed within its facility. If these procedures are inadequate or not enforced, and a patient is harmed as a result, the hospital or healthcare system could be directly liable to that patient.

Patients injured by medical negligence have the right to compensation, but the defendants in medical malpractice cases – whether individual practitioners, hospitals, or their insurers – go to great lengths to avoid liability. Insurers, and even healthcare systems, are powerful organizations that are incentivised to prioritize profits over people. When faced with medical malpractice allegations, they will throw tremendous resources at disputing, denying, and underpaying claims.

To level the playing field, victims need to work with proven attorneys.

How Can Our Medical Malpractice Attorneys Help You?

At GRYC, our team helps you regain level footing to fight back against powerful healthcare providers and their insurers. We carefully analyze the circumstances surrounding the failures in your medical care to present a solid case for you, and ensure that negligent healthcare providers are held accountable. 

When you are considering bringing a medical malpractice case, we will review your case for free with the help of our team of in-house investigators. If you proceed with a legal claim, we will handle it on a contingency fee basis - this means there are no up-front costs to hiring our firm, and no fees unless we win.

Why Choose GRYC?

TEAM APPROACH

Every GRYC case is handled by a team of lawyers supported by in-house investigators and legal professionals with extensive experience in the medical, law enforcement, and insurance sectors.

WINNING RESULTS

We have recovered over $1 billion in settlements and compensation for our clients, fighting for full and fair compensation for medical expenses, lost wages, physical suffering, and emotional trauma.

CHANGING THE LAW

We fight to change the laws and policies that hurt our clients to protect other innocent people from harm.

NO UPFRONT FEES

We take all cases on a contingency basis, which means that we pay all fees upfront, and only get paid if we win.

We fight every day to bring justice and truth back into the lives of unheard victims. We use our passion to improve the lives of our clients and our communities. GRYC is a force for justice, focused on you.

There are no upfront legal fees.

To speak to someone on our highly skilled team, fill out the form below, or call 800-206-4004 for a free case review.

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GRYC has been a voice for injured victims in the South Florida area since 1988. Together, we will be heard. Together, we can make change happen.