I underwent a colectomy, about 8 months ago, and during the procedure was deprived of oxygen due to some complication with the anesthesia. Since then, I've lost much of the ability to move the right side of my body and can no longer work.
Is my doctor liable for my injury from complications in the surgery? Do I have any legal options to get compensation since I can't work?
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Answer: (1)
Yes, you may be able to file a medical malpractice claim if it can be shown that the anesthesia error was the result of negligent performance. In order to have a valid claim, it must be shown that your injury resulted from the anesthesiologist somehow deviating from his/her duty to perform up to that standard of care. This means that a breach of duty took place, and liability for your injury can be placed on the anesthesiologist.
Alternatively, if the lack of oxygen was the result of an inadequately equipped operating room, then the hospital itself may be at fault for the negligence and damages, and can be sued in civil court.
Talk to a Medical Malpractice Lawyer to get legal advice regarding the strength of your case and the options you have to seek compensation for your damages.
Good luck.
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Posted by Staff Writer on 02 Apr 2010