Anesthesia is a vital component of modern surgery, enabling patients to undergo procedures without pain and discomfort. However, anesthesia is not without risks. When errors occur, the consequences can be severe, resulting in significant injury or even death. In cases where anesthesia-related injuries happen due to negligence or medical malpractice, patients have the right to pursue compensation. 

This blog will explore common anesthesia errors, the legal aspects of anesthesia-related medical malpractice claims, and how to move forward with filing one. 

Common Anesthesia Errors Leading to Injury

Anesthesia errors are varied, but most stem from miscommunication, improper dosages, or failure to monitor a patient’s condition properly. Here are some of the most common types of anesthesia-related injuries:

• Dosage Errors: Administering too much or too little anesthesia can have devastating effects. Too much anesthesia may lead to oxygen deprivation, brain damage, or death. Too little anesthesia might result in the patient regaining consciousness during surgery, a condition known as anesthesia awareness.

• Failure to Monitor: During surgery, anesthesiologists are responsible for carefully monitoring the patient’s vital signs. Failing to do so could lead to serious complications such as hypoxia (insufficient oxygen), low blood pressure, or even cardiac arrest.

• Improper Intubation: Misplacement of the breathing tube during anesthesia can lead to respiratory issues, including damage to the trachea or inadequate oxygen supply to the brain, leading to permanent damage.

• Allergic Reactions and Drug Interactions: Anesthesiologists must thoroughly review a patient’s medical history to ensure that no allergic reactions or adverse drug interactions occur. Neglecting this responsibility can result in severe allergic reactions or life-threatening complications.

What Constitutes Medical Malpractice in Anesthesia Injuries?

Not every unfortunate outcome of surgery or anesthesia is considered medical malpractice. For a valid malpractice claim to be established, it must be shown that the anesthesiologist or another medical professional acted negligently, and this negligence directly caused the patient’s injury. The following factors are typically examined in anesthesia-related medical malpractice cases:

• Duty of Care: Every medical professional owes a duty of care to their patients. An anesthesiologist, for example, has the duty to administer anesthesia properly and monitor the patient throughout the procedure.

• Breach of Duty: A breach occurs when a medical professional fails to meet the standard of care that another reasonably competent professional would have provided under similar circumstances. Examples of breach include failing to monitor vital signs or giving an improper dosage.

• Causation: It must be shown that the breach of duty directly resulted in the patient’s injury. This is often one of the more difficult parts of a medical malpractice case, as it requires proving that the harm was caused specifically by the anesthesia error, rather than by other potential factors.

• Damages: The patient must demonstrate that they suffered measurable harm due to the negligence, such as physical injuries, emotional distress, additional medical expenses, or lost wages. These damages must be directly linked to the anesthesiologist’s failure to provide proper care.

What Should You Do If You’ve Suffered an Anesthesia Injury in New Jersey?

If you or a loved one have been injured due to an anesthesia error, taking immediate steps is crucial to ensure your rights are protected. Here’s what you should do:

• Seek Immediate Medical Attention: First and foremost, your health is the top priority. If you are experiencing complications from an anesthesia injury, seek medical care to address the issue. Having clear medical records of your injury and its treatment is critical if you plan to pursue a legal claim.

• Gather Medical Records: Your medical records will play a significant role in determining the cause and extent of the injury. These documents will help your medical malpractice lawyer determine whether negligence played a role in the error.

• Contact a Medical Malpractice Lawyer: An experienced medical malpractice lawyer in New Jersey can help you understand your rights and the potential value of your claim. They will also help gather evidence, consult with medical experts, and navigate the complexities of the legal system on your behalf.

• File a Claim Before the Statute of Limitations Expires: Each state has its own statute of limitations for medical malpractice claims, which is the time limit within which you must file your lawsuit. In New Jersey, for instance, you typically have two years from the date of the injury to file a claim. Missing this deadline could prevent you from recovering compensation, so it’s critical to act swiftly.

How to Prove an Anesthesia Malpractice Claim

Proving medical malpractice can be complex, and anesthesia-related cases are no exception. Your lawyer will help you build a strong case by:

• Collecting Medical Evidence: This includes your medical records, surgical reports, and expert testimony that shows how the anesthesiologist or medical team failed to meet the required standard of care.

• Consulting Medical Experts: Expert witnesses, often other anesthesiologists or medical professionals, can testify to what should have been done differently in your case.

• Demonstrating Damages: Your lawyer will work to prove that the anesthesia error directly caused your injury and resulted in damages such as additional medical bills, lost wages, and pain and suffering.

How Much Compensation Can You Recover in an Anesthesia Malpractice Case?

The amount of compensation available in an anesthesia malpractice case will depend on several factors, including the severity of the injury, the extent of negligence, and the impact the injury has had on your life. Common forms of compensation include:

• Medical Expenses: This covers the cost of additional surgeries, rehabilitation, and ongoing medical care related to the anesthesia injury.

• Lost Wages: If you were unable to work due to your injury, you may be entitled to compensation for lost income, both past and future.

• Pain and Suffering: Many anesthesia injuries result in severe physical pain and emotional distress. Compensation for pain and suffering takes this into account.

• Wrongful Death: In cases where an anesthesia error leads to death, the family may pursue a wrongful death claim to recover funeral costs, loss of companionship, and financial support.

Why You Need a Medical Malpractice Lawyer for Anesthesia Injuries

Navigating the legal process in a medical malpractice case is incredibly complex. You need a lawyer with experience in anesthesia-related cases to build the strongest case possible. A medical malpractice lawyer can help by:

• Investigating the case thoroughly to determine the cause of the error.
• Consulting with medical experts to support your claim.
• Negotiating with insurance companies or opposing counsel to secure a fair settlement.
• Representing you in court if a settlement cannot be reached.

File an Anesthesia Injury Claim With a Trusted Medical Malpractice Lawyer From The Law Offices of Andres, Berger & Tran in New Jersey

If you or a loved one has suffered an injury due to an anesthesia error at one of New Jersey’s hospitals, don’t navigate the legal process alone. The team at the Law Offices of Andres, Berger & Tran are experienced medical malpractice lawyers and are here to help you recover the compensation you deserve. 

Whether you’re dealing with a minor injury or a life-altering complication, our team will fight to hold negligent parties accountable. Call us today at 856-317-6558 or fill out our online contact form to discuss your case and explore your legal options.