Complications from anesthesia during surgery can be life altering for patients. The consequences of anesthesia-related brain injuries extend far beyond the operating room, interfering with the victim’s ability to work or enjoy activities like they did before. They may require round-the-clock care from nurses or family members. They might even need special medical equipment to keep them alive. As such, understanding your legal rights regarding anesthesia errors & brain injuries is critical.
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If you or a loved one suffered harm because of complications from anesthesia during surgery, you may be able to file a medical malpractice lawsuit to recover compensation. Call Ankin Law at 312-600-0000. Free consultations are available.
What Are Anesthesia Errors?
Anesthesia errors occur when an anesthesiologist or other healthcare provider makes a mistake while administering anesthesia or when monitoring the patient during surgery. Anesthesia is generally safe when administered correctly, but even small errors can result in life-threatening complications.
Anesthesia Errors & Brain Injuries: What You Need to Know
The brain is incredibly sensitive to changes in oxygen levels and blood flow. Anesthesia, especially when administered incorrectly, can interfere with the brain’s ability to receive adequate oxygen or blood flow, which can result in significant brain damage. Oxygen deprivation for even a brief period can cause permanent damage to the brain. Common types of anesthesia errors that can lead to brain damage include:
- Overdose of Anesthesia Drugs: Administering too much anesthesia can lead to an overdose, causing respiratory failure and lack of oxygen to the brain. This can result in significant brain injury, including conditions like hypoxic-ischemic encephalopathy.
- Anesthesia Awareness: Anesthesia awareness occurs when a patient becomes conscious during surgery, but is unable to move or communicate. This can lead to severe psychological effects and, in some cases, physical injuries from the stress experienced during the procedure. Improperly calibrated machines, dosage miscalculations, subpar communication among anesthesiologists, surgeons, and nurses, IV or airway access issues, or monitoring errors can result in anesthesia awareness.
- Brain Hypoperfusion: In some cases, anesthesia can affect the blood flow to the brain. When blood pressure drops too low or circulation is compromised, the brain may not receive the necessary nutrients and oxygen to function properly. This can cause irreversible damage to brain cells, leading to cognitive deficits and long-term brain injuries.
- Allergic reactions: Anesthesiologists have a responsibility to review patients’ medical histories for allergies to anesthesia agents. These reactions can be severe and hinder oxygen delivery to the brain.
Who Is Liable for Anesthesia Mistakes?
Liability for anesthesia mistakes depends on the specific circumstances surrounding the error, the parties involved, and the laws governing medical malpractice in the state where the mistake occurred.
Parties Who May Be Liable for Anesthesia Errors
- Anesthesiologists and Nurse Anesthetists
Anesthesiologists and certified registered nurse anesthetists (CRNAs) are the primary healthcare professionals responsible for administering anesthesia. They are highly trained to assess a patient’s condition, determine the appropriate anesthesia drugs, and monitor the patient throughout the surgical procedure. If the anesthesia error was due to improper administration, such as a miscalculation of dosage or failure to monitor the patient adequately, the anesthesiologist or CRNA may be held liable for medical malpractice.
Additionally, if an anesthesiologist fails to communicate important information about the patient’s medical history (such as allergies or existing health conditions) that could affect the anesthesia administration, they may be found negligent. - Surgeons and Other Medical Staff
While anesthesiologists are primarily responsible for anesthesia administration, the surgeon and other medical staff play a role in ensuring patient safety during the procedure. If an anesthesia mistake was caused by the surgeon’s failure to provide necessary information to the anesthesiologist or by poor communication among the medical team, the surgeon could share liability. For example, if the surgeon fails to inform the anesthesiologist about a high-risk condition that could complicate anesthesia, both the surgeon and the anesthesiologist could be held accountable. - The Hospital or Medical Facility
Hospitals and medical facilities have a duty to ensure their staff is properly trained and that safe protocols are followed. If the mistake was a result of insufficient training, inadequate supervision, or a failure to maintain proper equipment, the hospital or healthcare facility could be held liable. For instance, if the hospital’s anesthesia equipment malfunctioned or the anesthesiologist was not adequately supported in their work environment, the hospital may be responsible for the resulting harm. - Pharmaceutical Manufacturers
In some cases, the cause of anesthesia mistakes may lie in the drugs themselves. If the medication used during anesthesia administration was defective or improperly labeled, the pharmaceutical manufacturer could be liable for damages. For example, if a specific batch of anesthesia drugs was contaminated or the wrong dosage was dispensed due to manufacturing defects, the drug manufacturer may be held accountable. - Medical Device Manufacturers
Anesthesia mistakes can also result from faulty equipment, such as malfunctioning anesthesia machines or monitoring devices. If the error occurred because the equipment failed to function properly, the manufacturer of that equipment could be held liable. This can include cases where a machine was poorly designed or improperly maintained, leading to patient harm.
Why You Should Consult a Medical Malpractice Attorney After an Anesthesia Error
In the aftermath of such a serious medical mistake, many patients and their families are left dealing with emotional distress, high medical bills, loss of income, and long-term care needs. Consulting a medical malpractice attorney can be a critical step in protecting your rights and pursuing compensation for your losses.
No Upfront Cost to File a Lawsuit
Most medical malpractice attorneys offer free consultations and work on a contingency fee basis. Free consultations mean there really is not a downside to consulting an attorney about the error in your case. A contingency fee basis means attorneys get paid from a portion of any settlements or trial awards. Not having to worry about paying an attorney allows many people to pursue cases they otherwise might not.
Clarity on Case Merits
It can be confusing to know whether you have a case in the first place. A surgical error lawyer will evaluate your case to determine whether facts support a claim of negligence. They will answer your questions, address your concerns, and help you decide whether filing a lawsuit is in your best interest.
For example, one question that frequently comes up in consultations is, “Can I sue for malpractice if I signed a waiver?” Waivers can mislead people into thinking they cannot sue, but injured patients have the right to pursue legal action if medical professionals breach the standards of care.
Ample Resources to Build a Case and Negotiate With Insurers
To maximize compensation, patients or their families need strong evidence such as medical records, expert witness testimony, and documentation of financial losses.
Attorneys have the resources and training to gather and analyze medical records (to know what to look for, how, where, and when), consult with medical experts, and reconstruct what happened to build a case.
They can use these points to negotiate with insurance companies to ensure fair compensation. Insurers have a reputation for trying to make payouts as low as possible, even when the injured parties deserve more.
The Prevalence of Anesthesia Errors
Anesthesia plays a vital role in modern medicine, allowing patients to undergo surgeries and medical procedures without experiencing pain. However, despite its widespread use and importance, anesthesia errors remain a significant concern in healthcare. Understanding the prevalence of anesthesia errors is essential for both patients and healthcare providers.
The prevalence of anesthesia errors is difficult to determine. Like other common types of surgical errors, many incidents go unreported or are not directly linked to anesthesia mishaps. However, various studies and reports shed light on the frequency of these errors and their impact on patient outcomes:
- General Frequency: Studies estimate that anesthesia-related incidents contribute to approximately 1 in every 2,000 to 3,000 surgeries. Although this number may seem small, the millions of surgeries performed annually worldwide result in thousands of anesthesia errors.
- Medical Malpractice Claims: In the United States, anesthesia-related errors are among the most common causes of medical malpractice claims in surgical settings. According to data from the National Practitioner Data Bank (NPDB), anesthesia errors account for a significant percentage of malpractice cases, particularly those involving wrongful death or permanent injury.
- Death and Serious Injury: The American Society of Anesthesiologists (ASA) reports that anesthesia-related errors contribute to about 10-15% of all surgical deaths. These deaths are often caused by complications such as hypoxia (lack of oxygen), aspiration (inhalation of foreign substances), or over-sedation.
- Complications from Anesthesia Errors: Many anesthesia errors result in non-fatal but significant complications, including brain injuries, organ dysfunction, or cognitive impairments. These issues can affect a patient’s quality of life and require long-term care, rehabilitation, or further medical treatment.
If you or a loved one suffered complications caused by anesthesia errors, your case demands representation from a law firm with the experience, skill, and resources to prove the link between anesthesia errors & brain injuries and hold negligent medical providers accountable. Ankin Law is that firm. Contact us today.
