Chicago Anesthesia Error Lawyer

Incorrectly administering anesthesia can have serious consequences. Nearly 3% of all medical malpractice claims stem from anesthesia errors during medical procedures [1]. Some of these cases of medical negligence lead to wrongful death claims. Injured patients and their families are able to seek compensation for medical errors, including anesthesia complications. 

The anesthesia error lawyers at Rosenfeld Injury Lawyers have helped recover substantial compensation for our clients in medical malpractice cases. Read on to learn more about how we can help you file an anesthesia malpractice claim. 

Types of Anesthesia Errors During Surgical Procedures

There are different types of anesthesia used in medical procedures, depending on the type of surgery and the patient. Local anesthesia is used to numb a specific area of the body, such as when you need to have a skin tag or mole removed. You remain awake and alert. The effects of local anesthesia wear off quickly, often within hours.

Regional anesthesia numbs a larger part of the body while you remain awake. It is often used during childbirth or in surgeries that impact only a single arm or leg. Some common types of regional anesthesia are spinal anesthesia and epidural anesthesia. 

General anesthesia is used during major operations such as open heart surgery. You lose consciousness while under the effects of general anesthesia. Medical providers who are certified to use general anesthesia undergo extensive training and are required to have in-depth knowledge of how to use it. 

Dosage Errors

One of the most common anesthesia mistakes that impact patients is a dosage error. With too little anesthesia, patients may remain conscious and feel pain during surgery without the ability to move or talk. 

With too much anesthesia, patients may fall into a coma or die. In many cases, too much anesthesia can cause organ damage. If patients survive, they could be left with severe psychological trauma. 

Defective Equipment

Unfortunately, equipment failures can also cause severe injury. When anesthesia equipment malfunctions, patients are put in dire circumstances. In some cases, anesthesia providers closely monitor a patient’s vital signs and can identify when an equipment failure occurs.

Defective anesthesia equipment can cause a wide range of anesthesia complications, including low blood pressure, swelling, the need for ongoing ventilation, anesthesia awareness, hypothermia, death, or the need for additional surgical intervention [2]. 

Faulty anesthesia equipment impacts .05% of procedures conducted using regional anesthesia and .23% of procedures that used general anesthesia. Twenty-five of these cases involved human error, whereas 33% truly involved faulty equipment. [3]

In cases where human error played a role in the defective equipment, a medical malpractice claim can often be filed if:

• Equipment was incorrectly set up
• Default machine settings were altered
• Single-use equipment was reused
• Medical professionals fail to report faults as they occur
• Providers failed to conduct tests for safety prior to the medical procedure

Monitoring Errors

The safe administration of general anesthesia requires anesthesiologists to properly monitor the patient’s condition throughout the entire surgical procedure [4]. Ideally, this close monitoring allows medical staff to identify and take corrective action when something goes wrong. 

Unfortunately, medical professionals tasked with administering anesthesia also must balance other tasks in a stressful work environment. A few minutes without adequate supervision during a medical procedure can have adverse impacts on a patient’s health.

Oxygen Level Issues

During general anesthesia, it is essential to properly administer oxygen. Any lapse in the concentration of oxygen a patient receives while under general anesthesia can result in hypoxia, memory loss, and brain damage. If oxygen is administered incorrectly, it can be fatal.

The Injuries and Consequences of Anesthesia Errors

Medical experts recognize the severe consequences of anesthesia failure and errors. Every day, many medical procedures utilize anesthesia without any issues because the medical staff takes the appropriate steps to protect patient health. However, when medical providers are negligent, they can cause serious injuries, including:

• Brain damage
• Hypoxia
• Adverse drug events
• Spinal cord injury
• System toxicity
• Allergic reactions

Proving Medical Malpractice After an Anesthesia Error

In medical malpractice cases, a Chicago medical malpractice attorney will need to prove the healthcare provider had a legal duty to provide medical care for the patient. 

When it comes to anesthesia malpractice, this relationship is obvious and straightforward. The person administering anesthesia, whether local anesthesia, regional anesthesia, or general anesthesia, had a duty because they were providing care to the patient. 

Next, your attorney will need to show how the provider breached this duty by being negligent in deviating from an acceptable standard of care. They will need to show how this breach caused your damages. Damages can be medical expenses, the costs of ongoing medical care, lost wages, or pain and suffering.

To accomplish this, your medical malpractice lawyer will conduct a thorough investigation of the patient’s medical history to show an existing health issue did not cause the damages. They will likely consult with experts who can show how the medical care the victim received was not what another reasonable doctor would do.

The most effective and direct way to determine whether you have a possible anesthesia malpractice case is to schedule a no-obligation consultation with a Chicago medical malpractice lawyer. We can evaluate the evidence and give you an objective assessment of the strength of your potential case.

You Have a Limited Time to File an Anesthesia Error Lawsuit in Chicago

The statute of limitations for personal injury and wrongful death cases in Illinois is two years from the date of injury or death. If you try to file your medical malpractice lawsuit after this date, it won’t be heard in court. For this reason, it is important to schedule a free initial consultation with a Chicago anesthesia error lawyer as soon as possible to get your case started.

Liability in Anesthesia Error Cases

There are several different parties that can be held liable in an anesthesia error lawsuit, including:

• Anesthesiologist – Most anesthesia malpractice claims are filed against the anesthesiologist who was responsible for the anesthesia in a hospital or outpatient surgery center.
• Hospital or organization – Depending on the circumstances of the case, it might be possible to sue the hospital or organization that employs the anesthesiologist. 
• Dentist – Many dentists administer anesthesia as part of their routine practice with patients. They have the same obligations to monitor oxygen and blood pressure as anesthesiologists in an operating room. 
• Equipment manufacturer – If faulty equipment caused the injury, it is possible to sue the equipment manufacturer for the defect.
• Equipment maintenance company – If anesthesia equipment is maintained by a third-party company, it could be possible to sue that company if poor or missed maintenance causes your injuries.

Damages Our Chicago Anesthesia Error Attorneys Can Help You Recover

There are different types of damages your attorneys can help you recover. Economic damages relate to tangible financial losses. Some common economic damages we recover in anesthesia error cases are: 

• Medical bills
• Costs of future medical needs
• Rehabilitation costs
• Lost wages

Non-economic damages are not directly related to your tangible losses. Instead, a judge assesses and awards these damages based on calculations used by the court. Common non-economic damages include:

• Pain and suffering
• Disability
• Disfigurement
• Lost income potential
• Psychological trauma

How Much Is an Anesthesia Malpractice Case Worth?

Between 2013 and 2018, the mean settlement for an anesthesia error case was $420,250 [5]. However, the size of the settlements has increased over the past 15 years and will likely continue to increase in the future. However, there are many cases that received settlements of over one million dollars. 

The size of Chicago medical malpractice settlements varies based on the circumstances of the case. Some of the cases we have helped settle have won multi-million dollar awards. 

Pursuing a Wrongful Death Lawsuit Following Anesthesia Errors

If your loved one died from an anesthesia mistake, you could be entitled to recover compensation to pay for their medical bills, funeral expenses, pain and suffering, loss of society, and other non-economic damages. Generally, spouses, children, and parents are able to file a wrongful death claim after an anesthesia-related death. 

If you have any questions about whether you are eligible to file a wrongful death claim, you can reach out to our office to schedule a consultation with our medical malpractice lawyers to ensure eligibility. 

Is Hiring an Anesthesia Error Lawyer Expensive?

After your no-obligation consultation, we’ll give you recommendations for the next steps. If you decide to move forward with a civil lawsuit, we’ll cover the costs of filing your claim with the court. Once we win your case, we deduct a small percentage of the settlement as compensation for our services.

Contact Our Chicago Anesthesia Error Lawyers Today!

If you or a family member suffered anesthesia errors, you could be entitled to recover compensation through a medical malpractice claim. For a free consultation, contact an anesthesia error lawyer at Rosenfeld Injury Lawyers by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24/7 to help you.

We work on a contingency fee basis so you don’t have to worry about having the money to hire a lawyer. We have helped our clients recover millions. We are prepared to help cases involving anesthesia errors.

We also serve clients from Chicago, Elgin, Schaumburg, Rockford  and throughout Illinois.

Resources: [1] Forbes, [2] Association of Anaesthetists, [3] British Journal of Anaesthesia, [4] National Library of Medicine, [5]  The Doctors Company