| When a patient approaches a doctor or hospital or | | | | obtain informed consent from the patient. |
| any other health care provider, the doctor owes | | | | The doctors, dentists, surgeons, nurses or other health |
| certain duties to the patient. The doctor owes a | | | | care providers in the anesthesia care may be |
| primary duty of reasonable care. Medical practitioners | | | | individually liable for personal injuries caused by their |
| despite their good intentions, skill and training, may | | | | negligence. Even the hospital or medical facility can be |
| commit mistakes. They are humans after all. But the | | | | made liable for the injuries. Sometimes, the liability may |
| medical profession demands the medical practitioners | | | | even lie outside the medical staff. Anesthesia |
| to be attentive, competent, and careful in administering | | | | equipment requires proper assembly and regular |
| their services. The lives of people are at stake. Failure | | | | maintenance. This might be performed by hospital |
| to exercise the required minimum care can result in | | | | staff or by the equipment manufacturer's service |
| negligence. Anesthesia malpractice is a type of | | | | personnel. A vital piece of equipment may be out of |
| medical malpractice. Anesthesia (or anaesthesia) | | | | service because of lack of maintenance, thus |
| generally refers to the use of an anesthetic drug to | | | | endangering the patients. The equipment itself may be |
| reduce or prevent pain during surgery or other medical | | | | defective, and that defect may not have been known |
| procedures. Anesthesia malpractice is not restricted to | | | | to the staff. As with a medical negligence suit, expert |
| the operating room or anesthesiologists. It can happen | | | | testimony will be required in most cases to establish |
| during pre-operative preparation, post-operatively in the | | | | the standard of care, the breach of the standard of |
| recovery room and in any procedure room in a | | | | care, causation and damages. A claim for anesthesia |
| medical facility or doctor's office. | | | | malpractice must be filed within the prescribed statute |
| Anesthesia mistakes can take place during childbirth | | | | of limitation which varies from state to state. |
| and even before the simplest dental procedures and | | | | Anesthesia malpractice can have devastating |
| are not limited to anesthesiologists. Administration of | | | | consequences, including paralysis, coma, heart attack, |
| anesthesia requires specialized training and certification; | | | | stroke, asphyxia, severe brain damage and death. |
| certainly, the seriousness and number of complications | | | | Victims of anesthesia malpractice can claim |
| increases significantly outside of the setting of the | | | | compensation for: |
| anesthesiologist in the operating room. Dental visits, | | | | - Pain, suffering, and emotional distress |
| cosmetic surgery procedures, and a host of other | | | | - Loss of wages and future loss of earning capacity |
| out-patient scenarios are all common places for | | | | - Permanent disability |
| anesthesia to be used and in many such scenarios, the | | | | - Mental impairment |
| anesthesiologist is not present and the administration is | | | | - Medical bills |
| done by the doctors, dentists, surgeons, nurses or | | | | - Spousal Loss of Consortium |
| other health care providers. | | | | If the victim dies, the survivors of the victim can file a |
| Anesthesia injuries can result from anesthesia | | | | claim for wrongful death. |
| overdose and/or failure of the doctor or | | | | If you or someone you know has been the victim of |
| anesthesiologist to adequately prep the patient or take | | | | anesthesia malpractice you should contact an |
| effective medical precautions and/or properly monitor | | | | experienced malpractice attorney immediately. |
| the patient. The anesthesia staff also has a duty to | | | | |