According to a recent study, 2 in every 100 patients experience some form of adverse drug events yearly. These mistakes increase hospital admissions by $4700 for average families. While the majority of these mistakes are preventable, a small few can lead to death or permanent disability – such as anesthesia errors.
According to the National Practitioners Data Bank, the average compensation for medical malpractices in New York was $481,190 in 2023. This figure can easily increase tenfold for more severe anesthesia errors (actual figures provided below).
In this article, we’ll help you understand both legal and medical technicalities related to anesthesia errors. Hopefully, we help you make better-informed decisions for your (and your family’s) recuperation.
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Understanding Anesthesia Errors
Anesthesiologists work with around half a million different drugs across their careers. Through these drugs, medical teams mitigate in-surgery problems and post-surgery complications. Correct administration centers around sustaining bodily functions and preserving the psychological health of surgery patients.
Main Types of Anesthetic Administration
Administration is categorized based on coverage:
- Local anesthesia - Numbs a small part of the body, often used for minor procedures and dental work. Errors may lead to infection, nerve damage; or even brain damage for dental procedures. These are generally safe and are also administered by general practitioners for minor operations. After major operations, it can be administered to relieve pain.
- Regional anesthesia - This is done to numb a large section of the body, and is generally done for major procedures that do not require patients to be unconscious. Errors may lead to nerve damage or paralysis. In such procedures, anesthesiologists deliver the drug through the spine.
- General anesthesia - Renders the patient fully unconscious during major operations. It numbs the whole body while keeping vital functions alive. Sedation is an important factor in its delivery. Errors may lead to death, physical impairment, and/or psychological damage.
Responsibilities of an Anesthesiologist
The anesthetic practice is directed by comprehensive and rigorous guidelines. These guidelines evolve with available technologies and techniques. It is an anesthesiologist's duty to provide patients with accurate dosages of specific drugs at various points within a treatment.
Anesthesiologists – with the aid of their medical peers – tailor and determine the right drug dosages for every patient. Their medical team should consider every last detail of your medical history. It is important to understand that systematic errors could as easily cause accidents, just as human errors do. Both medical facilities and anesthesiologists can be held accountable for medical malpractice.
Identified Root Causes of Anesthesia Errors
Facilities and practitioners must make sure that they are providing proper care. They could only do so if they’re in an optimal state. Anesthesia errors generally stem from these factors:
Lack of Communication (within the Medical Team)
In a case study involving 2400 anesthetic errors, 70% of these events have resulted from miscommunication inside the medical team – a huge majority of which has resulted in death. Uncoordinated efforts within a medical team result in improper care and ultimately endanger patients. Some results of miscommunication include (but are not limited to):
- Incorrect dosing/administration of medications
- Failure to monitor the patient adequately
- Equipment issues go unnoticed
- Subpar emergency response
- Improper positioning of patients
System Errors
These pertain to errors that result from undesirable work environments and substandard facilities. Identifying weaknesses in the systems of respective medical facilities can also strengthen your claim. Some specific examples include (but are not limited to):
- Checklist and protocol violations
- Equipment failures
- Stocking and labeling issues
- Insufficient staff training
- Insufficient support and management from directors
- Staff burnout issues
Human Errors
Most people assume that individuals are solely at fault when medical errors occur, but this is only true to a certain extent. Still, medical practitioners are expected to be in the best shape possible – professionally, emotionally, physically, and psychologically. Specific examples of human errors include (but are not limited to):
- Inadequate preoperation assessment
- Irregular device maintenance
- Negligence during monitoring
- Misinterpretation of clinical findings
These errors generally correlate to each other. All these factors will be considered by your legal counsel during the investigation.
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Seeking Legal Compensation
Errors in administering anesthesia could lead to life life-altering complications. As reported in 2020, mistakes made after the surgery were the most expensive to rectify, with a middle value of $4,250,000 (across 90 cases studied in the U.S.). These figures account for immediate and sustained medical expenses.
Here are some damages/losses that you should consider:
Economic Damages
These are quantifiable monetary losses due to an individual's worsened state. They include medical costs like hospital bills, rehabilitation, medications, and medical devices. Lost income (including lost future earnings) is also accounted for.
Non-economic damages
These account for more innate losses like physical pain and emotional suffering, loss of companionship or consortium, damage to personal relationships, and negative impacts on quality of life. These can be more difficult to quantify but are not impossible under the right legal support.
Punitive damages
These only apply in cases where intentional malice can be proven. In such cases, additional punitive damages are meant to further penalize responsible parties. Limits vary across different hospital systems.
Initial Legal Process for Anesthesia Error Claims
Extensive investigation is required when establishing a medical malpractice claim. During consultations with your lawyer, be completely transparent; give as much detail as you can give. This not only builds rapport but also points your team towards the winning direction.
Any piece of evidence needed during the investigation can only be procured by your lawyer. Moreover, pieces of evidence are only usable in court if acquired through such means. Your team’s initial investigation aims to establish these key elements:
| Duty of Care – Was there an appropriate doctor-patient relationship? |
| Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| Causation – Is your suffering a direct result of their mistakes/malpractices? |
| Damages – What did their mistakes cost you (medically, financially, medically, etc.)? |
Lawyers often work with medical professionals in establishing and strengthening a claim. You might be thinking, ‘What happens after the initial investigation?’ If your team is still eager to pursue legal action, here are some general steps that would be taken:
- Notifying the Defendant/s – You have to provide formal notice that you intend to sue the providers who harmed you. An "Intent to Sue" letter lays out the facts of your claim and the compensation you are seeking. This gives the defendant a chance to investigate or negotiate.
- Filing the Case – Assuming they don't make an offer, the next step is filing the actual complaint outlining why you believe medical negligence occurred; including supporting facts and affirmations. Your lawyer files this initial complaint in the right court.
- Serving the Defendant/s – Once filed, copies of the complaint make their away into the defendant's hands through proper channels (delivered in-person, certified mail etc.). You need solid proof they've been "served" for things to move forward legally.
- Discovery Stage – Building your case and their defense through depositions, evidence reviews, witness interviews, and good further investigation. Assembles the pieces for potential pre-trial settlement talks or ultimately the courtroom showdown.
Your lawyer also needs to negotiate for a rightful settlement. Seasoned lawyers do this seamlessly. It is good to note that up to 90% of medical malpractice claims end in out-of-court settlements – minimizing spending for defendants and avoiding public backlash.
Talk to a Medical Malpractice Lawyer Today
At the Porter Law Group, we provide legal support while you (and your family) recuperates. We operate on a contingency basis – meaning you don’t have to pay anything unless we win. Our main goal is to safeguard your best interest and to ensure a better future for your family.
If you or a loved one is suffering because of anesthesia errors, please reach out to us for a no-obligation, free case consultation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
