Anesthesia and Medical Malpractice

Mistakes in the administering of anesthesia can form the basis of medical malpractice cases, although proving such claims can offer some unique challenges.

To begin with, patients who claim problems with anesthesia administration often suffer debilitating injuries including brain damage or even death, so they may not be in a condition to offer firsthand testimony; moreover, the alleged negligent conduct tends to occur when the patient is already under the effects of anesthesia, i.e., sedated or partially so.

Accordingly, plaintiffs must often rely on the doctor’s or hospital’s own records. This is why one of the first steps in any anesthesia-based medical malpractice claim is to get those records and preserve their accuracy; this is also one reason contacting a medical malpractice lawyer in your area as soon as possible is in your best interests.

Some common physical locations for anesthesia malpractice claims include the following:

• Dental offices where surgery is performed
• Delivery rooms
• Pre-operative rooms
• Operating rooms
• Outpatient surgery rooms
• Recovery rooms

Remember that besides anesthesiologists, other medical professionals may be named in a medical malpractice suit; this can include nurses, doctors, dentists, surgeons, nurse anesthetists, and others who participated in the procedure. Makers of certain anesthesia equipment may also be held responsible in some circumstances.

There are several different points of the anesthesia process that could give rise to a future lawsuit; these include the following:

• Pre-procedure exam: The patient should receive a consultation before the procedure to ensure that the medical staff is aware of any drug interactions or allergies. During this consultation, the patient will be required to sign a form acknowledging that he appreciates the potential risks and benefits of surgery, including those related to anesthesia; this process is called informed consent. There is also often another check closer to surgery to make sure everything is in order regarding the patient’s anesthesia.
• Procedure: Before the procedure begins, the medical team is responsible for various aspects that relate to anesthesia, including the placement of IVs and intubation as well as the set-up for monitoring the patient’s vital signs throughout the procedure.
• Post-procedure: After the procedure, the medical team must continue to monitor the patient for problems with vital signs as well as determine when it is safe for the patient to be released from the post-anesthesia care unit (PACU).

Remember, if you think you have a valid medical malpractice claim based on anesthesia, contact a medical malpractice lawyer in your area as soon as possible; the statute of limitations, which limits when you can file a lawsuit, is running.