Anesthesia Errors

Anesthesia errors can be catastrophic, causing patients severe physical and emotional trauma.

Patients rely on anesthesiologists to administer medications properly so medical treatments can be as safe and successful as possible. Unfortunately, the faith patients place in anesthesiologists has been unknowingly misplaced in too many cases. Anesthesia errors are a serious medical malpractice issue in Maryland and Washington D.C. These errors can have devastating consequences for patients and their families. The most common injuries resulting from anesthesia errors are nerve damage, stroke, brain damage, cardiac arrest and death.

First – What is an Anesthesia Error?

An anesthesia error generally occurs when a healthcare provider administers an inappropriate dosage of anesthesia, fails to properly monitor and/or appropriately respond to a patient’s vital signs before, during, or after surgery. Such errors can cause permanent injury or even death.

Proving Medical Negligence

Anesthesia errors can be catastrophic, causing patients severe physical and emotional trauma. A medical malpractice lawsuit filed due to an anesthesia error in Maryland or Washington, D.C. must meet the same legal standard that applies to all medical negligence cases.

In order to succeed in a medical negligence lawsuit for anesthesia malpractice, the plaintiff must prove that:

The anesthesiologist had a duty of care to the patient;
The anesthesiologist breached this duty by failing to follow accepted standards of practice;
The patient suffered injuries because of this breach; and
The injuries resulted in financial losses and/or physical and emotional damages.

Legal Options in Maryland and Washington, D.C.

Legal protections for victims of anesthesia errors in Maryland and Washington, D.C. include two opportunities for seeking justice. The first involves filing a civil lawsuit against the at-fault party or parties. In such cases, plaintiffs may be able to recover compensatory damages for past and future medical expenses associated with their injuries, lost wages due to missed work, pain and suffering caused by their injuries, emotional distress caused by their experience, and other losses stemming directly from their injuries. Courts may, in extreme cases, award punitive damages when appropriate to punish the defendant or deter similar future circumstances.

The second opportunity for justice for those harmed by anesthesia errors involves filing a complaint the appropriate government oversight commission. In Maryland this body is called the Board of Physicians Quality Assurance. Maryland BPQA. In Washington, D.C. that body is called the D.C. Department of Health. Upon receiving a complaint, these departments will investigate and take appropriate action if any violations occurred. Depending on the severity of the case, they may take disciplinary action against the professionals found responsible for the error—which could include revoking or suspending their license—or they may refer them to specialized education programs.

Victims of anesthesia errors in Maryland and Washington, D.C. benefit from additional legal protections. These include:

Access to critical medical records related to their case without having to pay costly fees
Eligibility for compensation from special funds if another party is found liable for their harm
Ability to file suit within three years of discovering an injury resulting from an anesthesia error
Protection from retaliatory measures taken against them by employers or other parties due to filing a complaint
Participation in mediation proceedings with at-fault parties before starting formal litigation

Learn about what to do after a Medical Malpractice Injury in our FREE guide.

How Quickly do Patients Need to File a Medical Malpractice Claim?

Every state has a unique “statute of limitations” when filing medical malpractice claims against offending healthcare providers. In Maryland, for example, state law provides victims of medical negligence up to five years after the adverse event occurred to file a lawsuit. If a patient was unaware that a mistake or some form of negligence occurred, they are given up to three years from the date of discovering that fact to file a lawsuit. Note that victims of medical malpractice under the age of 16 when injured are given more time than this to seek legal recourse under Maryland law.

However, no matter where you live in the U.S., it is essential to seek legal guidance as soon as you can if you believe that you may be a victim of medical malpractice. Scheduling risk-free consultations with medical malpractice lawyers won’t obligate you to file legal action. But, by acting quickly, your lawyer will be better able to preserve critical evidence, begin investigating the circumstances surrounding your harm, and otherwise protect your interests. As a result, you’ll be empowered to make informed choices within the statute of limitations period. You’ll have taken the time to seek personalized, professional guidance before making significant decisions about your legal situation.

Speak with a Skilled Anesthesia Error Attorney Today to Learn More.

If you know or suspect that you or a loved one have been injured due to an anesthesia error, it is essential that you contact an experienced attorney who specializes in medical malpractice law for guidance. An attorney can review your case and determine whether there is evidence of negligence on the part of the medical professional who provided the care. If negligence is found, they can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages related to any injuries caused by the anesthesia error.

If you or a loved one were harmed by an anesthesia error, you may have a case for medical malpractice. The skilled attorneys at D’Amore Personal Injury Law will provide you with a free evaluation of your case and advise you of your legal rights. There are never any out-of-pocket costs to you unless we win your case. Reach out today at 410-324-2000 to schedule a free consultation

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