Anesthesia is a powerful tool in modern medicine that allows doctors to perform surgeries painlessly by putting patients into a controlled unconscious state or numbing specific body parts. However, anesthesia is complex and must be handled carefully by specially trained medical professionals.
Anesthesia malpractice occurs when an anesthesiologist, nurse anesthetist, or another healthcare provider makes a preventable mistake connected to the administration of anesthesia, leading to injury. This can happen in various medical settings such as hospitals, outpatient surgical centers, or even dental offices.
You should, however, note that not every complication related to anesthesia is malpractice. Some risks are unavoidable, even with excellent care. However, malpractice happens when the medical provider fails to meet the accepted standard of care. This means they did something that a competent professional would not have done, or they failed to do something necessary, in which case you can file a medical malpractice claim for anesthesia errors.
Common anesthesia-related injuries can include brain damage due to oxygen deprivation, organ failure, paralysis, or, in the worst cases, wrongful death.
Common Types of Anesthesia Errors
Knowing the types of mistakes that can occur helps you identify whether your injury might have been due to malpractice.
- Dosage errors: One of the most dangerous errors is giving the wrong amount of anesthesia. Too much can stop breathing or cause brain injury from a lack of oxygen. Too little might cause anesthesia awareness, which is when the patient wakes up during surgery but is unable to move or alert anyone.
- Failure to monitor: Anesthesiologists are responsible for watching vital signs such as heart rate, blood pressure, and oxygen levels throughout surgery. If they miss signs of distress or irregularities, patients can suffer serious injuries or death.
- Improper intubation: Placing the breathing tube incorrectly or late can lead to oxygen deprivation, throat or lung injuries, or asphyxiation. Interestingly, one of the most common anesthesia malpractice claims involves tooth damage from the intubation tube scraping or cracking teeth.
- Neglecting medical history: Before anesthesia, the medical team must review allergies, pre-existing conditions, and medications. Missing this can cause allergic reactions, cardiac arrest, or other emergencies.
- Post-operative negligence: Harm can happen after surgery if patients are not properly monitored while waking up from anesthesia. Problems like low oxygen levels (hypoxemia) or internal bleeding require immediate attention, or the consequences can be fatal.
What Does It Take to Prove Anesthesia Malpractice?
Just because an injury happens around anesthesia doesn’t mean you have a claim. To prove anesthesia malpractice, you must meet four key legal elements:
- Duty of care: The medical provider had a legal obligation to act responsibly and follow accepted medical standards when giving anesthesia.
- Breach of duty: The provider failed to meet these standards. For example, they gave too much anesthesia, failed to monitor you, or ignored your medical history.
- Causation: This breach directly caused your injury. You need evidence showing that the provider’s mistake is what led to harm like brain damage, paralysis, or death.
- Damages: You suffered damage, loss, or harm because of it, be it medical bills, lost income, pain and suffering, or permanent disability.
Your lawyer will gather your medical records, expert testimony, and other evidence to prove these points. Since medicine involves risks, proving negligence requires showing that the care fell below what is normally expected.
Types of Claims You Might Bring
Medical malpractice claims linked to anesthesia usually center around negligence. Some common claims include
- Failure to follow protocol before surgery: If your anesthesiologist did not properly review your medical history, consult with specialists, or be present during anesthesia, they may be negligent.
- Failure to obtain informed consent: You have the right to understand the risks of anesthesia. If your doctor did not explain potential complications and did not get your permission, that’s a problem.
- Improper anesthesia administration: About 70% of successful claims come from errors like giving the wrong type or dosage of anesthesia, or improper administration methods.
- Failure to monitor during surgery: Anesthesiologists must carefully watch your vital signs and intervene if complications arise. Missing these signs can lead to injuries.
- Poor post-surgical care: Neglecting to monitor your recovery or failing to provide proper post-op instructions can cause lasting damage.
How to Know if You Have a Case
If you experienced one or more of the following, it may be worth talking to a malpractice attorney:
- You suffered unexpected brain damage, stroke, or heart attack after anesthesia.
- You experienced severe allergic reactions or respiratory failure during or after surgery.
- You regained consciousness during surgery without being able to communicate.
- A loved one died unexpectedly in connection with anesthesia.
- You suffered tooth damage or other injuries during intubation.
- Your medical team failed to review your history or obtain your informed consent.
- You were not monitored properly before, during, or after anesthesia administration.
Conclusion
Anesthesia mistakes can happen in many forms, before, during, or after surgery. If you believe you were harmed by a preventable error related to anesthesia, don’t hesitate to seek advice.
The more you understand the process and what needs to be proven, the better prepared you’ll be to make informed decisions and protect your rights.
