Anesthesia Malpractice Cases
According to reports, a majority of the malpractice cases in the United States are anesthesia malpractice cases. Anesthesia malpractice has been reported as being the twelfth highest medical specialty in terms of the percentage of physicians within the specialty who have had to pay claims for their own negligence. Since anesthesia is such a strong drug, when an error is made it can oftentimes be life changing or even life threatening in more severe cases. Anesthesia malpractice cases are usually filed because some type of permanent injury has been done to an innocent victim. For instance, many anesthesia malpractice cases are filed due to brain damage, paralysis and death.
Although anesthesia malpractice cases are growing to be more common, they are typically the hardest cases to prove. When a plaintiff is proving negligence against an anesthesiologist, their word, or that of their loved ones, is often not credible since when the incident took place they are usually unconscious. In many cases, medical records are also either non-existent or discarded or “misplaced” by the medical staff after a wrongdoing has occurred.
Taking Preventative Measures to Avoid Anesthesia Malpractice Cases
Unfortunately, mistakes are bound to happen at some point, but there are preventative measures that, you as a patient, can take in order to ensure your safety and the safety of your loved ones while under anesthesia. Keeping detailed notes of your medical history, health condition, allergies, etc. is always a good idea when you’re having surgery. It’s also important that the hospital or medical clinic you are having the operation at also has this updated information. This way if anything happens, your own health can’t be blamed for someone else’s negligence and you’ll have records to prove it.
The following information should also always be documented for yourself and your physician before you’re put under anesthesia to avoid an anesthesia malpractice case:
- Results from a pre-anesthesia exam
- Your signed consent form
- Operative records
- Any transfer notes that are taken
- Any physician notes that are taken
- A post-anesthesia record
It is the responsibility of malpractice insurers and professional medical societies to warn medical practitioners not to alter any of their medical records. But after what is typically a traumatic surgery involving a potentially deadly or life altering mistake, professional and ethical advice is sometimes avoided and forgotten. As a result, the families of those who have been injured are forced to file an anesthesia malpractice case to be compensated for such negligence and unethical behavior.
Where Does Anesthesia Malpractice Occur?
The majority of people often think that anesthesia medical malpractice only happens in on the operating table in a hospital or other medical facility. However, this isn’t always the case and mistakes can occur both before and after the patient has the surgery. Some anesthesia malpractices cases that have occurred have also taken place in dental offices. Such negligence has also been known to occur in a variety of situations. For instance, anesthesia malpractice can happen during childbirth, dental procedures and plastic surgery.
When an anesthesia mistake has occurred, it can cause a variety of side effects for the patient. Among the most common side effects that have resulted from an anesthesia mistake and have caused an anesthesia malpractice case to be filed are:
- Cerebral palsy
- Brain damage
- Nerve damage
- Paralysis
Are you thinking about filing an anesthesia malpractice case? If so, please contact us today to speak with an experienced medical malpractice attorney who can evaluate your case and ensure that you and your loved ones receive the legal support and advice you need and deserve.
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