One of the most dangerous elements of any surgery is the application and monitoring of anesthesia by the anesthetist. Often errors in this area can result in permanent injuries, brain damage, or even death. Moreover, while there are relatively few cases of anesthetist malpractice compared to the number of surgeries performed each year, every person or family injured by medical negligence has a right to seek legal compensation if their case is valid. There are several legal requirements in order to consider an anesthetist error malpractice. Even when an error occurs, however, it can be difficult to prove.
Elements of Anesthetist Malpractice
As in any question of malpractice, negligence occurs when a physician or medical care provider fails to provide reasonable skill and care to their patient. For an anesthetist, that responsibility begins even before they enter the operating room. It is the anesthetist’s job to ensure that:
- They have studied the patient’s medical history to ensure proper care for that patient during their procedure
- They have informed the patient of the risks involved and the possible complications
Once surgery has begun, the attending anesthetist is responsible for:
- Administering and monitoring the correct amounts of anesthesia
- Intubating the patient correctly
- Accurately monitoring the patient’s vital signs and controlling their breathing
- Ensuring the equipment is working correctly
Types of Anesthesia Malpractice
There are four common types of anesthesia, and there are unique types of errors that may occur during each:
- General – in which the technician takes over the breathing of the patient. Errors most often occur when the patient receives insufficient oxygen to breathe or support brain function.
- Spinal – in which the area around the nerves to the lower extremities are blocked. Errors most often occur when blood enters the spinal canal, which may lead to paralysis.
- Regional – in which the area around the nerves in a specific area of the body are blocked. Errors occur when the needle is injected incorrectly and damages a nerve.
- Local – in which the skin and subcutaneous tissue is numbed in a specific location. Errors occur when there is an allergic reaction or the skin is damaged.
Proving Medical Malpractice
Medical malpractice does not occur every time a physician makes a mistake or a patient suffers an adverse reaction. In order to prove malpractice, the plaintiff must file within their state’s statute of limitation, enlist a medical expert to testify that normal standards of responsible skill and care were not met, and be prepared for the limitations (or caps) on malpractice awards in their state.
Getting Legal Help with Anesthetist Medical Malpractice
There are very stringent requirements for anesthetists in this country because it is such a dangerous element of medical care. However, determining whether negligence occurred or there was simply an unavoidable reaction or deterioration of the patient’s existing condition often requires the insight of an experienced medical malpractice attorney. They have the contacts and expertise to determine if a case is viable and to pursue it to a beneficial conclusion.
