Can I file a lawsuit against a hospital for an anesthesia error? The doctor admitted that the anesthesiologist made a mistake during my wifes surgery which put her into a coma. She has come out of it, but suffered serious brain damage due to a lack of oxygen flow during the procedure.
Is this a type of medical malpractice that we could file a lawsuit for?
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Answer:
Yes, an error in anesthesia can be grounds for a medical malpractice lawsuit. Whether the hospital can be held liable depends on the circumstances of the error. It may be the fault of the anesthesiologist, for failing to properly monitor the oxygen flow to your wife during her procedure.
In general, medical malpractice lawsuits are only successful if there was negligence that lead to the injury to the patient. For example, if the anesthesiologist made a mistake in the mix of chemicals used that caused hypoxia or anoxia, leading to braind damgage, then he or she may be held responsible to pay for all the resulting damages.
Alternatively, if the operating room was not properly supplied, and the oxygen was depleted before the procedure was complete, then the hospital may be the one that is found liable for medical malpractice.
Proving negligence is a very complex task, and will require both an experienced medical malpractice attorney, as well as a third party medical expert to examine the details of the case. Your best bet is to talk to a medical malpractice attorney to find out whether yours is a good medical malpractice case.
Good Luck.
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Posted by Staff Writer on 18 Feb 2010